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THE 



AMERICAN SAFEGUARD, 



OR 



THE CONSTITUTION OF THE UNITED STATES, 



WITH ITS POLITICAL HISTORY. 



ALSO, CONTAINING 



A BKIEF TREATISE ON POLITICAL ECONOMY, 



WITH QUOTATIONS FROM THE EARLY PRESIDENTS, 



PAELIAMENTAEY RULES, 



BY ISAAC COX. 



SALEM, OREGON. 

w. a. Mcpherson & co., printers, 

AMERICAN UNIONIST NEWSPAPER, BOOK AND JOB PRINTING OFFICE. 

186T. 






Entered according to the Act of Congress, in the year 1867, by 

ISAAC COX, 
In the Clerk's Office of the District Court of the State of Oregon, 



U P M 



PREFACE. 



It is unfortunately true of the sovereign people of the United 
States, that they are not generally well informed as to the funda- 
mental law of the land ; and, in a majority of cases, they do not 
possess in their homes a copy of the Constitution upon which the 
whole framework of our Government rests. In view of this, and 
in the hope of bringing within the reach of the people at large the 
Constitution, with many facts concerning the Government, as well 
as the nobly expressed views of some of the greatest of the nation's 
fathers, this volume is offered to the public. It would be difficult, 
in this connection, to say anything new and say it well; which fact 
being appreciated by the author, this work assumes the form of a 
compilation, presenting to the reader the National Constitution and 
its amendments, a view of the operations of Government under its 
workings, and the sayings of men, many of whom were its framers. 
There will also be found other matter of general and appropriate 
interest ; and the whole is offered at a time when the public exi- 
gency demands that our people shall be well informed, and act upon 
information in the light of experience. 

The Constitution was framed and adopted after a practical expe- 
rience of the workings of the Articles of Confederation, adopted by 
the Colonies after the war of our independence. It was the aim of 
the wise and good men who guided the nation to victory, to frame 
as just and perfect a system of Government as human wisdom could 
devise, or a free people could attain ; and the work was undertaken 
when the enthusiasm of victorious revolution was past, and time 
had demonstrated the need of union, to achieve greater strength 
and more complete prosperity. It was conceived in wisdom, patriot- 
ism planned it, and harmony was long secured by its adoption. The 
diverse interests of varying climes then met, and in the spirit of com- 



IV THE AMERICAN SAFEGUARD. 

promise, planned a nation whose achievements have been grand 
and whose greatness is wonderful. 

It is most essential to national prosperity that a correct and gen- 
eral knowledge of the principles of Government should prevail 
among the people, and that each voter shall comprehend the basis 
upon which the magnificent superstructure of Government is erected- 
A strict observance of the spirit of the Constitution has ever secured 
benificent results, while a departure from its principles has brought 
inevitable disaster. We are a sovereign people; free, because in- 
telligent, and the more intelligent we become, the more secure our 
freedom will remain. If the labors of the author shall result in 
placing in the hands of the people information as to the source 
whence springs the power and glory of our nation, and so prepare 
them for the performance of their political duties, then his aims will 
have been well answered. Then the machinations of the ambitious, 
the fanaticism of the extremist, the treason of the monarchist, the 
passions of the anarchist, will happily prove alike vain and harm- 
less. 

The head and heart are so nearly one, that in properly educating 
the former we are purifying the latter. In developing a knowledge 
of the principles of our Government, we will discover as a result a 
true patriotism ever determined to preserve it. This should be the 
study of the young, and a part of the wisdom of maturer years. 
The young should bring to the study of our national compact and 
fundamental law reverential devotion, akin to that with which they 
study the sacred decalogue ; and the words of those great men, the 
nation's fathers, who buried prejudice at the shrine of liberty, should 
be treasured as the teachings of our nation's sages and prophets. 
They are given here in confidence that they will add to the instruc- 
tion of many. 

This waif is cast upon the waters in hopes that it may carry the 
Constitution of the United States to manj firesides where it has not 
gone before ; and it is committed to the common sense and hardy 
purity of the people — not to the metaphysical subtlety of the polit- 
ical philosopher, much less to the selfish cunning of the politician. 
To the people we look for the realization of the nation's hopes, for 
all depends on their intelligence. No more rhetorical flourish is 
required to claim that the Constitution is the palladium of our rights, 
for by its light we have walked, as Israel of old, by the pillar and 
the cloud. It is the surest safegtjakd of American liberty. 



INDEX. 



PAGE. 

MOSAICS OF PATRIOTISM 1 

DECLARATION OF INDEPENDENCE 11 

CONSTITUTION OF THE UNITED STATES 17 

AMENDMENTS TO THE CONSTITUTION 32 

ANALYTICAL LNDEX TO CONSTITUTION 3G 

POLITICAL DEFINITIONS 85 

A TREATISE UPON THE GOVERNMENT AND HISTORY OF THE 
UNITED STATES:— 

Government of the Colonies 92 

People of the Colonies 94 

Oppressive acts of England 95 

Action of the Colonies 99 

Declaration of Independence 101 

Articles of Confederation 103 

Footprints of the Ages 105 

Action of the Convention 107 

Compromises of the Constitution 109 

Action of the States adopting it 110 

The principles of Government 117 

Congress 119 

Powers of Congress 121 

Restrictions on powers of Congress 127 

Restrictions on State powers 130 

Executive power 131 

The Supreme Court 135 

The other Federal Courts 137 

The States with each other 139 

Miscellaneous Provisions 140 

Amendments to Constitution 142 



VI THE AMERICAN SAFEGUARD. 

The abolition of slavery ! , , 143 

The pending amendment 14G 

A TREATISE ON POLITICAL ECONOMY :— 

Introduction 150 

The nature of wealth 152 

Labor as a producer of wealth 154 

Capital 157 

Use of capital in production 166 

Use of natural agents 163 

Division of labor 166 

Of property 168 

Of wages 172 

Means of sustaining wages * 175 

Protection of industry 177 

Of money 179 

The banking system 181 

Currency and credit 184 

Distribution 187 

Of Government 191 

Of liberty ... 193 

Revenue and taxation 199 

Functions of Government 203 

National Debt 206 

Limits of Government interference 215 

Just Government 220 

EXTRACTS FROM THE FEDERALIST :— 

Introductory remarks 223 

Introduction, by Hamilton 224 

Dangers from Abroad, by Jay 226 

Tendency of Union to Suppress Faction, by Madison 234 

Powers of the Convention, by Madison 235 

Departments of Power, by Madison 243 

FAREWELL ADDRESS OF WASHINGTON 258 

INAUGURAL ADDRESS OF JOHN ADAMS 277 

INAUGURAL ADDRESS OF JEFFERSON 285 

INAUGURAL ADDRESS OF MADISON 291 

FAREWELL ADDRESS OF JACKSON 295 

LETTER OF JACKSON DECLINING A SARCOPHAGUS 321 

A MANUAL OF PARLIAMENTARY PRACTICE, by Jefferson :— 

Introduction 323 

Importance of rules 324 

Quorum 324 



INDEX. VII 

Call of the House 324 

Speaker 324 

Committees 324 

Committee of the Whole 326 

Examination of Witnesses 328 

Arrangement of Business 329 

Order in Debate ! 330 

Orders of the House 234 

Petitions 335 

Motions 336 

Eesolutions 336 

Bills 337 

Report of Committee 340 

Privileged Questions .... 

Previous Question 351 

Amendments 353 

Division of Question 355 

Coexisting Questions 357 

Equivalent Questions 357 

The Question 358 

Bills, third reading 359 

Division of the House 361 

Title 363 

Reconsideration 363 

Bills sent to the other House 364 

Amendments between Houses 364 

Conferences 366 

Messages 369 

Journals 370 

CITIZENS' MANUAL :— 

Introduction 373 

How to form Societies — Form of Constitution 374 

Form of By-Laws 375 

Political Conventions 376 

General Rules — Presiding Officer — Secretary 378 

Treasurer— Librarian — Committees 379 

Motions — Adjournment — Order of Business 380 

Reference to Jefferson's Manual — Appeal 381 



NOTE 



This work was commenced under difficulties, and has been 
prosecuted at a disadvantage ; so that, in the hurry of the 
work, a number of typographical and grammatical errors 
have passed unnoticed. 

Instead of inflicting on the reader an " errata " to which 
he would never refer, we simply ask his indulgence for this, 
the first edition, and that he save his criticism for the second, 
which will soon follow. 

The public have shown an appreciation of such a work on 
the Constitution, by kindly subscribing for several thousand 
more copies than we have published. 

The original matter in this work (i. e., the Treatise on the 
History and Government of the United States, and the Trea- 
tise upon Political Economy,) was written with a constant call 
for u copy " soimding in the writer's ears ; and he reads the 
proof-sheets to discover many crudities and some inaccuracies 
of language, for which he offers no apology but the circum- 
stances narrated. 





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MOSAICS OF PATRIOTISM. 



Instead of the usual lengthy, and, Ave might add, prosy 
introductory remarks eulogistic of the Constitution, we sub- 
mit the following brilliant and patriotic sentences, from the 
lips of the great and good of our history. They deserve a 
place in the memory and will surely find a place in the hearts 
of every friend of constitutional liberty. 



" Under the present Constitution, wisely and conscien- 
tiously administered, all are safe, happy and renowned. 
The measure of our country's fame may fill our hearts. 
It is fame enough for us all to partake in her glory, if we 
will carry her character onward to its true destiny. !Nbt 
only the cause of American liberty, but the cause of lib- 
erty throughout the whole earth, depends in a great meas- 
ure on upholding the Constitution and union of these 
States. Let it truly be engraven on our hearts ; let it be 
borne on the fiag under which we rally in every exigency, 
that we have one country, one Constitution, one destiny " — 
Webster. 

" The Constitution of the United States. — Like one 
of those wondrous rocking stones, reared by the Druids, 
which the finger of a child might vibrate to its center, yet 



% THE AMERICAN SAFEGUARD. 

the might of an army could not move from its place, our 
Constitution is so nicely poised and balanced that it seems 
to sway with every breath of opinion, yet so firmly rooted 
In the hearts and affections of the people, that the wildest 
storms of treason and fanaticism break over it in vain." — 

R. C. WlNTHROP. 

"In a sober sense, in a sense of deep conviction, I say- 
that the emergence of this country from British dominion 
and its union under its present form of government be- 
neath the general Constitution of our country, if not a 
miracle, is, I do not say the most, but one of the most 
fortunate, the most admirable, the most auspicious occur- 
rences which have ever fallen to the lot of man." — Web- 
ster. 

" It is the union of these States, it is the system of gov- 
ernment under which we live, beneath the Constitution of 
the United States, happily framed, wisely adopted, success- 
fully administered for fifty years — it is mainly this, I say» 
that gives us power at home and credit abroad."— -Web- 
ster. 

" The Constitution, sir, regards itself as perpetual and 
immortal. It seeks to establish a union among the people 
of the States, which shall last through all time. Or, if 
the common fate of things human must be expected at 
some period to happen to it, yet that catastrophe is not 
anticipated. The instrument contains ample provisions 
for its amendment, at all times ; none for its abandonment, 
at any time. It declares that new States may come into 
the Union, but it does not declare that old States may go 
out. The Union is not a temporary partnership of States. 
It is the association of the people, under a Constitution of 
government, uniting their power, joining* together their 
highest interest, cementing their present enjoyments, and 



mosaics op patriotism. 6 

blending, in one indivisible mass, all their hopes for the 
future." — Webster. 

" The Constitution of the United States is a written 
instrument; a recorded fundamental law; it is the bond, 
and the only bond of the union of these States ; it is ail 
that gives us a national character." — Webster. 

" The Constitution in its words is plain and intelligible, 
and it is meant for the home-bred, unsophisticated under- 
standings of our fellow-citizens." — Dallas. 

" If, upon a closer survey of all the powers given by 
the Constitution, and all the guards upon their exercise, 
we shall perceive still stronger inducements to fortify this 
conclusion, and to increase our confidence in the Consti- 
tution, may we not justly hope that every honest Ameri- 
can will concur in the dying expression of Father Paul, 
' may it be perpetual.' " — Story. 

" Happy America, if those to whom thou hast intrusted 
the guardianship of thy* infancy know how to provide for 
thy future repose, but miserable and undone if their nee:- 
ligenee or ignorance permits the spirit of discord to erect 
her banner on the ruins of thy tranquility." — Hamilton. 

" This glorious liberty, these benign institutions, the 
dear purchase of our fathers, are ours — ours to enjoy, ours 
to preserve, ours to transmit. Generations past and gen- 
erations to come hold us responsible for the sacred trust.'" 
— Webster. 

u There are four things which I humbly conceive are 
essential to the well-being — I may even venture to say, to 
the existence of the United State as an independent 
power : 

"I. An indissoluble union of the States under one 
federal head. 

Li 2. A sacred regard to public justice. 



4 THE AMERICAN SAFEGUARD, 

" 8. The adoption of a proper peace establishment, 
"4. Prevalence of a pacific and friendly disposition 
among the people of the United States, making them 
forget their local prejudices and policies, &c."— Wash- 
ington, 

" If we are true to our country and generation, and those 
who come after us shall be true to it also, assuredly we 
shall elevate her to a pitch of prosperity and happiness,, 
of honor and power, never yet reached by any nation 
beneath the sun." — "Webster. 

"Let the history of the Grecian and Italian republics 
warn us of our danger. The national Constitution is our 
last and our only security. United we stand, divided we 
fall."— Story. 

"Let the American youth never forget that they possess 
a noble inheritance, bought b t y the toils, and sufferings, 
and blood of their ancestors ; and capable, if w T isely im- 
proved and faithfully guarded, of transmitting to their 
latest posterity, all the substantial blessings of life, the 
peaceful enjoyment of liberty, property, religion and inde- 
pendence. The structure has been erected by architects 
of consumate skill and fidelity ; its foundations are solid ; 
its compartments are beautiful as well as useful ; its 
arrangements are full of wisdom and order; and its defen- 
ces are impregnable from without. It has been reared for 
immortality, if the work of man may justly aspire to such 
a title. It may, nevertheless, perish in an hour by the 
folly, or corruption, or negligence of its only keepers — the 
people. Republics are created by the virtue, public spirit, 
and intelligence of the citizens. They fall, when the wise 
are banished from the public councils, because they dare 
to be honest, and the profligate are rewarded, because they 
flatter the people in order to betray them." — Story. 

" The only question concerning a candidate shall be, Is 



MOSAICS OF PATRIOTISM. 6 

he honest ? is he capable ? is he faithful to the Constitu- 
tion . ' ' — Jefferson. 

" The Constitution of the United States was made not 
merely for the generation that then existed, but for poster- 
ity — unlimited, undefined, endless, perpetual poster! ty.* — 
Henry Clay. 

" But that I love the Constitution of the country ; that 
I have a passion for it, the only political passion that ever 
entered into my heart; that I cherish it day and night: 
that I live on its healthful, saving influences, and that I 
trust never, never, never, to cease to heed it till I go to 
the grave of my fathers, is as true (turning to Mr. Spen- 
cer,) as that you sit here. I do not suppose I am born 
to any considerable destiny, but my destiny, whatever it 
may be, attaches me to the Constitution of the country. 
I desire not to outlive it. I desire to render it some ser- 
vice. And on the modest stone that shall mark my grave, 
whether within my native Xew Hampshire or my adopted 
Massachusetts, I wish no other epitaph than this : ' Yv T hile 
be lived, he did what he could to support the Constitution 
of his country. — Webster.' " 

" The Constitution of the United States ! What is there 
on the whole earth ; what is there that so fills the imagin- 
ations of men under heaven ; what is there that the civil- 
ized, liberalized, liberty-loving people of the world can 
look at, and do look at, so much as the great and glorious 
instrument held up to their contemplation, blazing over 
this Western Hemisphere, and darting its rays throughout 
the world?— the Constitution of the United States of 
America." — Webster. 

" Gentlemen, numerous and various as are the elements 
of our national life, they are harmonized into one great 
whole — the Constitution and the Union. With my dying: 



6 THE AMERICAN SAFEGUARD. 

» 

breatb, if I have my senses, my last prayer sball be : 
' Heaven save my country and tbe Constitution.' " — Web- 
ster. 

" Since tbe adoption of our Constitution, and tbe Union 
which it created, by tbe blessings of Providence we bave 
advanced in population, power, wealth, internal improve- 
ments, and national greatness, with a degree of rapidity 
wbicb, unparalleled in ancient or modern nations, has 
excited tbe astonishment and commanded tbe admiration 
of mankind." — Henry Clay. 

"I bold tbe Constitution of tbe United States to be the 
bulwark of our liberties and of our national character." 
— Webster. 

" Tbe Constitution of the United States, to keep us 
united, to keep a fraternal feeling flowing in our hearts, 
must be administered in tbe spirit in which it was framed." 
— Webster. 

"Hearken not to the unnatural voice, wbicb tells you 
that tbe people of America, knit together as they are, by 
so many cords of affection, can no longer live together, as 
members of the same family ; can no longer continue tbe 
mutual guardians of their mutual happiness; can no 
longer be fellow citizens of one great, respectable and 
flourishing empire. Hearken not to tbe voice which per- 
petually tells you that tbe form of government recom- 
mended for your adoption, is a novelty in the political 
world ; that it has never yet had a place in the theories of 
the wildest projectors; that it rashly attempts what it is 
impossible to accomplish. jSTo, my countrymen ; shut 
your ears against this unhallowed language. Shut your 
hearts against the poison which it conveys. The kindred 
blood wbicb flows in tbe veins of American citizens, the 
mingled blood which they have shed in defence of their 
sacred rights, consecrates their union, and excites horror 



MOSAICS OF PATRIOTISM. 7 

at the idea of their becoming aliens, rivals, enemies. And 
if novelties are to be shunned believe me, the most alarm- 
ing of all novelties, the most wild of all projects, the most 
rash of all attempts is that of rending us in pieces, in 
order to preserve our liberties and promote our happiness- 
Cherish liberty as you love it — cherish its securities as you 
wish to preserve it. Maintain the Constitution which we 
labored so faithfully to establish, and which has been to 
you such a source of inestimable blessings. Preserve the 
union, of the States, cemented as it was by our prayers, 
our tears and our blood. Be true to God, your country 
and your duty. So shall the whole Eastern world follow 
the morning sun, to contemplate you as a nation ; so shall 
all succeeding generations honor you as they honor us; 
and so shall that Almighty Power which so graciously 
protected us, and which now protects you, shower its ever- 
lasting blessings upon you and your posterity." — Daniel 
Webster. 

u A violation of the Constitution by an officer of our 
Government, is of itself no serious cause of alarm, for 
crime is of common occurrence, but when the public con- 
science feels no pangs at public wrongs, but sanctions 
violations, usurpations and tyranny, then do men whohave 
learned the philosophy of government from history, trem- 
ble for the salvation of the republic." — Johnson. 

" In the United States, it is the duty of every man to 
take a part in the political movements of the clay, and the 
Constitution, therefore, ought to be inrthe hands of the 
masses." — John B. Gibson. 

" It is a lamentable fact, that the Constitution of the 
United States — that most honored work of the patriots 
and sages of the Revolution — has not yet had a general 
circulation. I hope it may be introduced into our schools, 



8 THE AMERICAN SAFEGUARD. 

academies, and all our seminaries of learning, and studied 
to be understood." — Sidney Breese. 

We are trying the great experiment of success of pop- 
ular government. Whether these seventeen millions of 
people will exercise so much intelligence, integrity, virtue 
and patriotism, as shall secure to this great country, for- 
ever, the blessings of a free, enlightened liberty, and 
populous government. In the first place, we have laid at 
its base a Constitution — I had almost said, and may say, a 
miraculous Constitution, when we take into view all the 
circumstances connected with its origin and maturity — its- 
scope and design, its construction and effects, which secure 
the full enjoyment of all human rights alike to every one. 
We are bound by a solemn duty to see that, among the 
candidates for the high offices in the gift of a free people. 
we give our votes to such as venerate that Constitution r 
and to none other." — Webster. 

" I would not regard the Constitution of the United 
States, nor any other work of man, with idolatrous admi- 
ration ; but, this side of idolatry, I hold it in profound 
respect. I believe that no human working on such a sub- 
ject, no human ability existed for such an end, has ever 
produced so much happiness or holds out now to so many 
millions of people the prospect, through such a succession 
of ages and ages, of so much happiness, as the Constitu- 
tion of the United States." — Webster. 

"It may have happened, I think it has happened, on 
more than one occasion, that the spirit of this instru- 
ment has departed ; that serious violations of that spirit 
have taken place. What of that ? Are we to abandon 
it on that account? Are we to abandon it? Why, I 
should as soon think of abandoning my own father when 
ruffians attacked him ! No, we are to rally around it with 



MOSAICS OF PATRIOTISM. \) 

all our power and all our force, determined to stand by it, 
or fall with it." — "Webster. 

" The Constitution is an object to which no American 
mind can be too attentive, and no American heart too 
devoted. On parts, provisional, or phrases, it is still and 
always will be possible for ingenuity to raise constructive 
doubts; but, on the whole, as the organic chart of a lim- 
ited confederated government, a practical trial of nearly 
sixty years would seem to place its wisdom and efficiency 
beyond dispute or rivalry. And although it is not unusual 
to hear it said, at moments of heat and disappointment, 
that, in the enactment or administration of our federal 
laws, the obligations of the Constitution are disregarded, 
an observation and experience of more than thirty years 
convince me of the reverse ; and I am satisfied that its 
hold upon the conscience and the opinion of the country 
at large is constantly strengthening. This is, indeed, the 
natural result of its perfect fitness to produce the purposes 
for which it was designed — union, justice, tranquility, de- 
fence, welfare, and liberty — and proves how well its prac- 
tical operations harmonize with the business, sentiments, 
relations, and progress of the American people. Restless 
and innovating. as we are in most things, we have not in- 
vaded, and I do not think we shall invade for centuries to 
come, the sacred stability of the Constitution. Such a 
fundamental and paramount law, in the picture of its 
origin and in the purity of its text should be placed within 
the reach of every freeman. It should be found wherever 
there is capacity to read ; not alone in the legislative 
halls, judicial councils, libraries and colleges, but also in 
the cabins and steerages of our marines, at every common 
school, log hut, factory or fireside. It should form the 
rudimental basis of American thought, by being made a 
perpetually recurring object of memory." — G. M. Dallas. 



10 THE AMERICAN SAFEGUARD.. 

" E"ever did there devolve, on any generation of men, 
higher trusts than now devolve upon us for the preserva- 
tion of this Constitution, and the harmony and peace of 
all who are destined to live under it. Let us make our 
generation one of the strongest and the brightest link in 
that golden chain which is destined, I fully believe, to 
grapple the people of all the States to this Constitution, 
for ages to come. It is a great, popular, constitutional 
government, guarded by legislation, bylaw, by judicature, 
and defended by the whole affections of the people.- No 
monarehial throne presses these States together ; no iron 
chain of despotic power encircles them ; they live and 
stand upon a government, popular in its form, represent- 
ee in its character, founded upon principles of equality, 
and calculated, we hope, to last forever/' — Daniel WEB- 
STER 



DECLARATION OF INDEPENDENCE. 



THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED 
STATES OF AMERICA IN CONGRESS ASSEMBLED. 

When, in the course of human events, it becomes nec- 
essary for one people to dissolve the political bands which 
have connected them with another, and to assume, among 
the powers of the earth, the separate and equal station to 
which the laws of nature and of nature's God entitle them, 
a decent respect to the opinions of mankind requires that 
they should declare the causes wdiich impel them to the 
separation. 

We hold these truths to be self-evident : That all men 
are created equal ; that they are endowed by their Creator 
with certain unalienable rights; that among these are life, 
liberty, and the pursuit of happiness ; that, to secure these 
rights, governments are instituted among men, deriving 
their just powers from the consent of the governed ; that, 
whenever any form of government becomes destructive of 
those ends, it is the right of the people to alter or abolish 
it, and to institute a new government, laying its founda- 
tion on such principles, and organizing its powers in such 
form, as to them shall seem most likely to effect their 
safety and happiness. Prudence, indeed, will dictate that 
governments long established should not be changed for 
light and transient causes ; and, accordingly, all experience 



12 THE AMERICAN SAFEGUARD. 

hath shown that mankind are more disposed to suffer, 
while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But 
when a long train of abuses and usurpations, pursuing 
invariably the same object, evinces a design to reduce them 
under absolute despotism, it is their right, it is their duty, 
to throw off such government, and to provide new guards 
for their future security. Such has been the patient suf- 
ferance of these colonies, and such is now the necessity 
which constrains them to alter their former system of gov- 
ernment. The history of the present king of Great 
Britain is a history of repeated injuries and usurpations, 
all having in direct object the establishment of an absolute 
tyranny over these states. To prove this, let facts be sub- 
mitted to a candid world : — 

He has refused his assent to laws the most wholesome 
and necessary for the public good. 

He has forbidden his governors to pass laws of immedi- 
ate and pressing importance, unless suspended in their 
operation till his assent should be obtained ; and, when so 
suspended, he has utterly neglected to attend to them. 

He has refused to pass other laws for the accommoda- 
tion of large districts of people, unless those people would 
relinquish the right of representation in the legislature — 
a right inestimable to them, and formidable to tyrants 
only. 

He has called together legislative bodies at places 
unusual, uncomfortable, and distant from the depository 
of their public records, for the sole purpose of fatiguing 
them into compliance with his measures. 

He has dissolved representative houses repeatedly for 
opposing, with manly firmness, his invasions on the rights 
of the people. 

He has refused, for a long time after such dissolutions, 
to cause others to be elected ; whereby the legislative 



DECLARATION OF INDEPENDENCE. 13 

powers, incapable of annihilation, have returned to the 
people at large for their exercise — the state remaining, in 
the mean time, exposed to all the dangers of invasion from 
without and convulsions within. 

He has endeavored to prevent the population of these 
states — for that purpose obstructing the laws of naturali- 
zation of foreigners, refusing to pass others to encourage 
their migrations hither, and raising the conditions of new 
appropriations of lands. 

He has obstructed the administration of justice, by refus- 
ing his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the 
tenure of their offices, and the amount and payment of 
their salaries. 

He has erected a multitude of new offices, and sent 
hither swarms of officers to harrass our people and eat out 
their substance. 

He has kept among us, in times of peace, standing 
armies, without the consent of our legislatures. 

He has affected to render the military independent of, 
and superior to, the civil power. 

He has combined with others to subject us to a jurisdic- 
tion foreign to our constitution, and unacknowledged by 
our laws — giving his assent to their acts of pretended 
legislation. 

For quartering large bodies of troops among us : 

For protecting them, by a mock trial, from punishment 
for any murders which they should commit on the inhab- 
itants of these states : 

For cutting off our trade with all parts of the world : 

For imposing taxes on us without our consent : 

For depriving us, in many cases, of the benefits of trial 
by jury: 

For transporting us beyond seas to be tried for pretended 
offences : 



14 THE AMERICAN SAFEGUARD. 

For abolishing the free system of English laws in a 
neighboring province, establishing therein an arbitrary 
government, and enlarging its boundaries, so as to render 
it at once an example and fit instrument for introducing 
the same absolute rule into these colonies: 

For taking away our charters, abolishing our most valu- 
able laws, and altering, fundamentally, the forms of our 
governments : 

For suspending our own legislatures, and declaring 
themselves invested with power to legislate for us in all 
cases whatsoever. 

lie has abdicated government here, by declaring us out 
of his protection and waging war against us. 

lie has plundered our seas, ravaged our coasts, burnt 
our towns, and destroyed the lives of our people. 

He is at this time transporting large armies of foreign 
mercenaries to complete the works of death, desolation, 
and tyranny, already begun, w T ith circumstances of cruelty 
and perfidy scarcely paralleled in the most barbarous ages, 
and totally unworthy the head of a civilized nation. 

He has constrained our fellow- citizens, taken captive on 
the high seas, to bear arms against their country, to 
become the executioners of their friends and brethren, or 
to fall themselves by their hands. 

He has excited domestic insurrections amongst us, and 
has endeavored to bring, on the inhabitants of our front- 
iers, the merciless Indian savages, whose known rule of 
warfare is an undistinguished destruction' of all ages, sexes 
and conditions. 

In every stage of these oppressions, we have petitioned 
for redress in the most humble terms. Our repeated peti- 
tions have been answered only by repeated injury. A 
prince, whose character is thus marked by every act which 
may define a tyrant, is unfit to be the ruler of a free 
people. 



DECLARATION OF INDEPENDENCE. 15 

iSTor have we been wanting in attentions to our British 
brethren. We have warned them, from time to time, of 
attempts, by their legislature, to extend an unwarrantable 
jurisdiction over us. We have reminded them of the cir- 
cumstances of our emigration and settlement here. "We 
have appealed to their native justice and magnanimity, 
and we have conjured them, by the ties of our common, 
kindred, to disavow these usurpations, which would inev- 
itably interrupt our connections and correspondence. 
They, too, have been deaf to the voice of justice and of 
consanguinity. We must, therefore, acquiesce in the ne- 
cessity which denounces our separation, and hold them, 
as we hold the rest of mankind : enemies in war ; in 
peace, friends. 

We, therefore, the representatives of the United States 
of America, in general congress assembled, appealing to 
the Supreme Judge of the world for the rectitude of our 
intentions, do, in the name, and by the authority of the 
good people of these colonies, solemnly publish and de- 
clare that these united colonies are, and of right ought 
to be, free and independent states ; that they are ab- 
solved from all allegiance to the British crown, and that 
all political connection between them and the state of 
Great Britain, is, and ought to be, totally dissolved ; and 
that, as free and independent States, they have full power 
to levy war, conclude peace, contract alliances, establish 
commerce, and to do all other acts and things which inde- 
pendent states may of right do. And, for the support of 
this declaration, with a firm reliance on the protection of 
Divine Providence, we mutually pledge to each other our 
lives, our fortunes, and our sacred honor. 

The foregoing declaration was, by order of congress, 
engrossed, and signed by the following members :- — 

JOHN HANCOCK. 



16 



THE AMERICAN SAFEGUARD. 



New Hampshire. 

JOSIAH BARTLETT, 
WILLIAM WHIPPLE, 
MATTHEW THORNTON. 

Massachusetts Bay. 

SAMUEL ADAMS, 
JOHN ADAMS, 
ROBERT TREAT PAINE, 
BLBR1DGE GERRY. 

Rhode Island, &c. 

STEPHEN HOPKINS,' 
WILLIAM ELLERY. 



JAMES SMITH, 
GEORGE TAYLOR, 
JAMES WILSON, 
GEORGE ROSS. 



Delaware. 

CyESAR RODNEY, 
GEORGE READ, 
THOMAS M'KEAN, 



SAMUEL CHASE, 
WILLIAM PACA, 
THOMAS STONE, 
CHARLES CARROL, of Carrollton. 



Connecticut. 

ROGER SHERMAN, 
SAMUEL HUNTINGTON, 
WILLIAM WILLIAMS, 
OLIVER WOLCOTT. 



New York. 

WILLIAM FLOYD, 
PHILIP LIVINGSTON, 
FRANCIS LEWIS, 
LEWIS MORRIS. 



Neio Jersey. 

RICHARD STOCKTON, 
JOHN WITHERSPOON, 
FRANCIS IIOPKINSON, 
JOHN HART, 
ABRAHAM CLARK. 

Pennsylvania. 

ROBERT MORRIS, 
BENJAMIN RUSH, 
BENJAMIN FRANKLIN, 
JOHN MORTON, 
GEORGE CLYMER, 



Vlr 



ginia. 



GEORGE WYTHE, 
RICHARD HENRY LEE, 
THOMAS JEFFERSON, 
BENJAMIN HARRISON, 
THOMAS NELSON, Jun., 
FRACIS LIGHTFOOT LEE, 
CARTER BRAXTON. 

North Carolina. 

WILLIAM HOOPER. 
JOSEPH HEWES, 
JOHN PENN. 

South Carolina. 

EDWARD RUTLEDGE, 
THOMAS HAYWARD, Jun. 
THOMAS LYNCH, Jan., 
ARTHUR MIDDLETON. 

Georgia. 

BUTTON GWINNETT, 
LYMAN HALL, 
GEORGE WALTON. 



CONSTITUTION 

OF THE 

UNITED STATES OF AMERICA. 



We the People of the United States, in order to form a , 
more perfect Union, establish Justice, insure domestic 
Tranquility, provide for the common defence, promote 
the general Welfare, and secure the Blessings of Liberty 
to ourselves and our Posterity, do ordain and establish 
this Constitution for the United States of America : 

ARTICLE. I. 

Section. 1. All legislative Powers herein granted shall 
be vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 

Section. 2> The House of Representatives shall be 
composed of Members chosen every second Year by the 
People of the several States, and the Electors in each 
State shall have the Qualifications requisite for Electors ot 
the most numerous Branch of the State Legislature. 

No Person shall be a Representative who shall not have 

attained to the Age of twenty five Years, and been seven 

Years a Citizen of the United States, and who shall not, 

when elected, be an inhabitant of that State in which he 

shall be chosen. 
4 



18 THE AMERICAN SAFEGUARD. 

Representatives and direct Taxes shall be apportioned 
among the several States which may be included within 
this Union, according to their respective lumbers, which 
shall be determined by adding to the whole Number of 
free Persons, including those bound to Service for a Term 
of Years, and excluding Indians not taxed, three fifths of 
all other Persons. The actual Enumeration shall be made 
within three Years after the first Meeting of the Congress 
of the United States, and within every subsequent Term 
of ten Years, in such Manner as they shall by Law direct. 
The Number of Representatives shall not exceed one for 
every thirty Thousand, but each State shall have at Least 
one Representative; and until such enumeration shall be 
made, the State of New Hampshire shall be entitled to 
chuse three, Massachusetts eight, Rhode-Island and Prov- 
idence Plantations one, Connecticut five, New- York six, 
New Jersey four, Pennsylvania eight, Delaware one ? 
Maryland six, Virginia ten, North Carolina five, South 
Carolina five, and Georgia three. 

When vacancies happen in the Representation from any 
State, the Executive Authority thereof shall issue Writs 
of Election to fill such Vacancies. 

The House of Representatives shall chuse their Speaker 
and other Officers ; and shall have the sole Power of Im- 
peachment. 

Section. 3. The Senate of the United States shall be 
composed of two Senators from each State, chosen by the 
Legislature thereof, for six Years ; and each Senator shall 
have one Vote. 

Immediately after they shall be assembled in Conse- 
quence of the first Election, they shall be divided as 
equally as may be into three Classes. The Seats of the 
Senators of the first Class shall be vacated at the Expira- 
tion of the second Year, of the second Class at the Expi- 
ration of the fourth Year, and of the third Class at the 



CONSTITUTION OF THE UNITED STATES. 19 

Expiration of the sixth Year, so that one-third may be 
chosen every second Year ; and if Vacancies happen by 
Registration, or otherwise, duriag the Recess of the Legis- 
lature of any State, the Executive thereof may make 
temporary Appointments until the next Meeting of tbe 
Legislature, which shall then fill such Vacancies. 

!No Person shall be a Senator who shall not have attained 
to the Age of thirty Years, and been nine Years a Citizen 
of the United States, and who shall not, when elected, be 
an Inhabitant of that State for which he shall be chosen. 

The Vice President of the United States shall be Presi- 
dent of the Senate, but shall have no Vote, unless they be 
equally divided. 

The Senate shall chuse their other Officers, and also a 
President pro tempore, in the Absence of the Vice Presi- 
dent, or when he shall exercise the Office of President of 
the United States, 

The Senate shall have the sole Power to try all Impeach- 
ments. When sitting for that Purpose, they shall be on 
Oath or Affirmation. When the President of the United 
States is tried, the Chief Justice shall preside : And no 
Person shall be convicted without the Concurrence of two 
thirds of the Members present. 

Judgment in Cases of Impeachment shall not extend 
further than to removal from Office, and Disqualification 
to hold and enjoy any Office of honour. Trust or Profit 
under the United States : but the Party convicted shall 
nevertheless be liable and subject to Indictment, Trial, 
Judgment and Punishment, according to Law. 

Section. 4. The Times, Places and Manner of holding 
Elections for Senators and Representatives, shall be pre- 
scribed in each State bv the Legislature thereof: but the 

«/ CD 

Congress may at any time by Law make or alter such 

Regulations, except as to the places of chusing Senators. 

The Congress shall assemble at least once in every 



20 THE AMERICAN SAFEGUARD. 

Year, and such Meeting shall be on the first Monday in 
December, unless they shall by Law appoint a different 
Day. 

Section. 5. Each House shall be the Judge of the Elec- 
tions, Returns and Qualifications of its own Members, and a 
Majority of each shall constitute Quorum to do Business ; 
but a smaller dumber may adjourn from day to day, and 
may be authorized to compel the Attendance of absent 
Members, in such Manner, and. under such Penalties as 
each House may provide. 

Each House may determine the Rules of its Proceed- 
ings, punish its Members for disorderly Behaviour, and, 
with the Concurrence of two thirds, expel a Member. 

Eat>h House shall keep a Journal of its Proceedings, 
Mid from time to time publish the same, excepting such 
(Bwrtfl as may in their Judgment require Secrecy: and the 
Yeas and Hays of the Members of either House on any 
question shall, at the Desire of one fifth of those Present,, 
be entered on the Journal. 

Neither House, during the Session of Congress, shall, 
without the Consent of the other, adjourn for more than 
three days, nor to any other Place than that in which the 
two Houses shall be sitting. 

Section. 6. The Senators and Representatives shall re- 
ceive a Compensation for their Services, to be ascertained 
by Law, and paid out of the Treasury of the United 
States. They shall in all Cases, except Treason., Felony 
and Breach of the Peace, be privileged from Arrest during 
their Attendance at the Session of their respective Houses, 
and in going to and returning from the same ; and for any 
Speech or Debate in either House, they shall not be ques- 
tioned in any other Place. 

]STo Senator or Representative shall, during the Time for 
which he was .elected, be appointed to any civil Ofiice 
under the Authority of the United States, which shall 



CONSTITUTION OF THE UNITED STATES. 21 

have been created, or the Emoluments whereof shall have 
been encreased during such time ; and no Person holding 
any Office under the United States, shall be a Member of 
either House during his Continuance in Office. 

Section. 7. All Bills for raising Revenue shall origin- 
ate in the House of Representatives ; but the Senate may 
propose or concur with Amendments as on other Bills. 

Every Bill which shall have passed the House of Rep« 
resentatives and the Senate, shall, before it becomes a 
Law, be presented to the President of the United States : 
If he approve he shall sign it, but if not he shall return it, 
with his Objections to that House in which it shall have 
originated, who shall enter the Objections at large on their 
Journal, and proceed to reconsider it. If after such Re- 
consideration two thirds of that House shall agree to pass 
the Bill, it shall be sent, together with the Objections, to 
the other House, by which it shall likewise be reconsid- 
ered, and if approved by two thirds of that House, it shall 
become a Law. But in all such Cases the Votes of both 
Houses shall be determined by yeas and Nays, and the 
Names of the Persons voting for and against the Bill 
shall be entered on the Journal of each House respectively. 
If any Bill shall not be returned by the President within 
ten Days (Suudays excepted) after it shall have been pre- 
sented to him, the Same shall be a law, in like Manner as 
if he had signed it, unless the Congress by their Adjourn- 
ment prevent its Return, in which case it shall not be a 
Law. 

Every Order, Resolution, or Vote to which the Concur- 
rence of the Senate and House of Representatives may be 
necessary (except on a question of Adjournment) shall be 
presented to the President of the United States ; and before 
the Same shall take Effect, shall be approved by him, or 
being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according 



22 THE AMERICAN SAFEGUARD. 

to the Rales and Limitations prescribed in the Case of a 
Bill. 

Section. 8. The Congress shall have Power 

To lay and collect Taxes, Duties, Imposts and Excises, 
to pay the Debts and provide for the common Defence 
and general Welfare of the United States ; but all Duties, 
Imposts and Excises shall be uniform throughout the 
United States; 

To borrow Money on the credit of the United States; 

To regulate Commerce with foreign Nations, and 
among the several States, and with the Indian Tribes ; 

To establish an uniform Rule of Naturalization, and 
uniform Laws on the subject of Bankruptcies throughout 
the United States ; 

To coin Money, regulate the Value thereof, and of 
foreign Coin, and fix the Standard of Weights and Meas- 
ures ; 

To provide for the Punishment of counterfeiting the 
Securities and current Coin of the United States; 

To establish Post Offices and Post Roads ; 

To promote the progress of Science and useful Arts, by 
securing for limited Times to Authors and Inventors the 
exclusive Right to their respective Writings and Discov- 
eries ; 

To constitute Tribunals inferior to the supreme Court; 

To define and punish Piracies and Felonies committed 
on the high Seas, and Offences against the Law of Nations; 

To declare War, grant Letters of Marque and Reprisal, 
and make Rules concerning Captures on Land and Water ; 

To raise and support Armies, but no Appropriation of 
Money to the Use shall be for a longer Term than two 
Years ; 

To provide and maintain a Navy ; 

To make Rules for the Government and Regulation of the 
land and naval Forces : 



CONSTITUTION OF THE UNITED STATES. 28 

To provide for calling forth the Militia to execute the Laws 
of the Union, suppress Insurrections and repel Invasion ; 

To provide for organizing, arming, and disciplining, the 
Militia, and for governing such Part of them as may be em- 
ployed in the Service of the United States, reserving to the 
States respectively, the appointment of the Officers, and the 
Authority of training the Militia according to the Discipline 
prescribed by Congress ; 

To exercise exclusive Legislation in all Cases whatsoever, 
over such District (not exceeding ten Miles square) as may, 
by Cession of particular States, and the Acceptance of Con- 
gress, become the Seat of the Government of the United 
States, and to exercise like Authority over all Places pur- 
chased by the Consent of the Legislature of the State in 
which the Same shall be, for the Erection of Forts, Maga- 
zines, xirsenals, Dock- Yards, and other needful Buildings ; — 
And' 

To make all Laws which shall be necessary and proper for 
carrying into Execution the foregoing Powers, and all other 
Powers vested by this Constitution in the Government of the 
United States, or in any Department or Office thereof. 

Section. 9. The Migration or Importation of such Persons 
as any of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the Year 
one thousand eight hundred and eight, but a Tax or Duty 
may be imposed on such Importation, not exceeding ten 
dollars for each Person. 

The Privilege of the Writ of Habeas Corpus shall not be 
suspended, unless when in Cases of Rebellion or Invasion the 
public Safety may require it. 

Xo Bill of Attainder or ex post facto Law shall be passed. 

Xo Capitation, or other direct, Tax shall be laid, unless in 
Proportion to the Census or Enumeration herein before di- 
rected to be taken. 



24 THE AMERICAN SAFEGUARD. 

No Tax or Duty shall be laid on Articles exported from 
any State. 

No Preference shall be given by any Regulation of Com- 
merce or Revenue to the Ports of one State over those of 
another : nor shall Yessels bound to, or from, one State, be 
obliged to enter, clear, or pay Duties in another. 

No Money shall be drawn from the Treasury, but in Conse- 
quence of Appropriations made by Law ; and a regular 
Statement and Account of the Receipts and Expenditures of 
all public Money shall be published from time to time.- 

No Title of Nobility shall be granted by the United 
States : And no Person holding any Office of Profit or Trust 
under them, shall, without the Consent of the Congress, ac- 
cept of any present, Emolument, Office, or Title, of any kind 
whatever, from any King, Prinee ? or foreign State. 

Section. 10. No State shall enter into any Treaty, Alliance^ 
or Confederation ; grant Letters of Marque and Reprisal ; 
coin Money ; emit Bills of Credit ; make any Thing but gold 
and silver Coin a Tender in Payment of Debts ; pass any 
Bill of Attainder, ex post facto Law, or Law impairing the 
Obligation of Contracts, or grant any Title of Nobility. 

No State shall, without the consent of the Congress, lay any 
Imposts or Duties on Imports or Exports, except what may 
be absolutely necessary for executing it's inspection Laws : 
and the net Produce of all Duties and Imposts, laid by any 
State on Imports or Exports, shall be for the Use of the 
Treasury of the United States ; and all such Laws shall be 
subject to the Revision and Controul of the Congress. 

No State shall, without the Consent of Congress, lay any 
Duty of Tonnage, keep Troops, or Ships of War in time of 
Peace, enter into any Agreement or Compact with another 
State, or with a foreign Power, or engage in War, unless 
actually invaded, or in such imminent Danger as will not 
admit of Delay. 



CONSTITUTION OF THE UNITED STATES. 25 

ARTICLE. II. 

Section. 1. The executive Power shall be vested, in a Pres- 
ident of the United States of America. He shall hold his 
Office during the Term of four Years, and, together with the 
Yice President, chosen for the same Term, be elected, as 
follows 

Each State shall appoint, in such Manner as the Legislature 
thereof may direct, a Number of Electors, equal to the whole 
Number of Senators and Representatives to which the State 
may be entitled in the Congress : but no Senator or Repre- 
sentative, or Person holding an Office of Trust or Profit under 
the United States, shall be appointed an Elector. 

The Congress may determine the Time of chusing the 
Electors, and the Day on which they shall give their Totes ; 
which Day shall be the same throughout the United States. 

Iso Person except a natural born Citizen, or a Citizen of 
the United States, at the time of the Adoption of this Con- 
stitution, shall be eligible to the Office of President ; neither 
shall any Person be eligible to that Office who shall not have 
attained to the Age of thirty five Y ears, and been fourteen 
Years a Resident within the United States. 

In Case of the Removal of the President from Office, or of 
his Death, Resignation, or Inability to discharge the Powers 
and Duties of the said Office, the same shall devolve on the 
Yice President, and the Congress may by Law provide for the 
Case of Removal, Death, Resignation, or Inability, both of 
the President and Yice President, declaring what Officer 
shall then act as President, and such Officer shall act accord- 
ingly, until the Disability be removed, or a President shall be 
elected. 

The President shall, at stated Times, receive for his Ser- 
vices, a Compensation, which shall neither be encreased nor 
5 



26 THE AMERICAN ♦SAFEGUARD. 

diminished during the Period for which he shall have been 
elected, and he shall not receive within that Period any other 
.Emolument from the United States, or any of them. 

Before he enter on the Execution of his Office, he shall 
take the following Oath or Affirmation : — 

'* I do solemnly swear (or affirm) that I will faithfully exe- 
" cute the Office of President of the United States, and will 
*• to the Lest of my Ability, preserve, protect and defend the 
** Constitution of the United States. 

Section. 2. The President shall be Commander in Chief 
of the Army and Navy of the United States, and of the 
Militia of the several States, when called into the actual Ser- 
vice of the United States ; he may require the Opinion in 
writing, of the principal Officer in each of the executive 
Departments, upon any Subject relating to the Duties of 
their respective Offices, and he shall have Power to grant 
Reprieves and Pardons for Offences against the United 
States, except in Cases of Impeachment. 

He shall have Power, by and with the Advice and Consent 
of the Senate, to make Treaties, provided two thirds of the 
Senators present concur ; and he shall nominate, and by and 
with the Advice and Consent of the Senate, shall appoint 
Ambassadors, other public Ministers and Consuls, Judges of 
the supreme Court, and all other Officers of the United 
States, whose Appointments are not herein otherwise pro- 
vided for, and which shall be established by Law : but the 
Congress may by Law vest the Appointment of such inferior 
Officers, as they think proper, in the President [done, in the 
Courts of Law, or in the Heads of Departments. 

The President shall have Power to till up all Vacancies 
that may happen during the Recess of the Senate, by grant- 
ing Commissions which shall expire at the End of their next 
Session. 

Section. 3. He shall from time to time give to the Con- 
gress Information of the State of the Union, and recommend 



CONSTITUTION OF THE UNITED STATES. 27 

to their Consideration such Measures as he shall judge neces- 
sary and expedient ; he may, on extraordinary Occasions. 
convene both Houses, or either of them, and in Case of Disa- 
greement between them, with Respect to the Time of Ad- 
journment, he may adjourn them to such Time as lie 
shall think proper ; he shall receive Ambassadors and other 
public Ministers ; lie shall take Care that the Laws be faith- 
fully executed, and shall Commission all the officers of the 
United States. 

Section. 4. The President, Yice President and all civil 
Officers of the United States, shall be removed from Office 
on Impeachment for, and Conviction of, Treason, Bribery, or 
other high Crimes and Misdemeanors. 

ARTICLE III. 

Section. 1. The judicial Power of the United States, 
shall be vested in one supreme Court, and in such inferior 
Courts as the Congress may from time to time ordain and 
establish. The Judges, both of the supreme and inferior 
Courts, shall hold their Offices during good Behavior, and 
shall, at stated Times, receive for their Services, a Compen- 
sation, which shall not be diminished during their Continu- 
ance in Office. 

Section. 2. The judicial Power shall extend to all Cases. 
in Law and Equity, arising under this Constitution, the Laws 
of the United States, and Treaties made, or which shall be 
made, under their Authority ;— to all Cases affecting Ambas- 
sadors, other public Ministers, and Consuls ; — to all Cases of 
admiralty and maritime Jurisdiction ; — to Controversies to 
which the United States shall be a Party ; — to Controversies 
between two or more States ; — between a State and Citizens 
of another State; — between Citizens of different States, — 
between Citizens of the same State claiming Lands under 
Grants of different States, and between a State, or the Citi- 
*<ezs thereof, and foreign States, Citizens or Subjects. 



THE AMERICAN SAFEGUARD. 

In all Cases affecting Ambassadors, other public Ministers 
and Consuls, and those in which a State shall be Party, the 
supreme Court shall have original Jurisdiction. In all the 
other Cases before mentioned, the supreme Court shall have 
appellate Jurisdiction, both as to Law and Fact, with such 
Exceptions, and under such Regulations as the Congress shall 
make. 

The Trial of all Crimes, except in Cases of Impeachment, 
shall be by Jury ; and such Trial shall be held in the State 
where the said Crimes shall have been committed ; but when 
not committed within any State, the Trial shall be at such 
Place or Places as the Congress may by Law have directed. 

Section. 3. Treason against the United States, shall con- 
sist only in levying War against them, or in adhering to their 
Enemies, giving them Aid and Comfort. No Person shall be 
convicted of Treason unless on the Testimony of two Wit- 
nesses to the same overt Act, or on Confession in open Court. 

The Congress shall have Power to declare the Punishment 
of Treason, but no Attainder of Treason shall work Corruption 
of Blood, or Forfeiture except during the Life of the Person 
attainted. 

ARTICLE. IY. 

Section. 1. Full Faith and Credit shall be given in each 
State to the public Acts, Records, and judicial Proceedings 
of every other State. And the Congress may by general 
Laws prescribe the Manner in which such Acts, Records and 
Proceedings shall be proved, and the Effect thereof. 

Section. 2. The Citizens of each State shall be entitled to 
all Privileges and Immunities of Citizens in the several States. 

A Person charged in any State with Treason, Felony, or 
other Crime, who shall flee from Justice, and be found in an- 
other State, shall on Demand of the executive Authority of 
the State from which he fled, be delivered up, to be removed 
to the State having Jurisdiction of the Crime. 

No Person held to Service or Labour in one State, under 



CONSTITUTION OF THE UNITED STATES. 29 

the Laws thereof, escaping into another, shall, in Consequence 
of any Law or Regulation therein, be discharged from such 
Service or Labour, but shall be delivered up on Claim of the 
Party to whom such Service or Labour may be due. 

Section. 3. New States may be admitted by the Congress 
Into this Union • but no new State shall be formed or erected 
within the Jurisdiction of any other State ; nor any State be 
formed by the Junction of two or more States, or Parts of 
States, without the Consent of the Legislatures of the States 
concerned as well as of the Congress. 

The Congress shall have Power to dispose of and make all 
needful Pules and Regulations respecting the Territory or 
other Property belonging to the United States ; and nothing 
in this Constitution shall be so construed as to Prejudice any 
Claims of the United States, or of any particular State. 

Section. 4. The United States shall guarantee to every 
State in this Union a Republican Form of Government, and 
shall protect each of them against Invasion, and on Applica- 
tion of the Legislature, or of the Executive (when the Legis- 
lature cannot be convened) against domestic Violence. 

ARTICLE. Y. 

The Congress, whenever two thirds of both Houses shall 
deem it necessary, shall propose Amendments to this Consti- 
tution, or, on the Application of the Legislatures of two 
thirds of the several States, shall call a Convention for pro- 
posing Amendments, which, in either Case, shall be valid to 
all Intents aird Purposes, as Part of this Constitution, when 
ratified by the Legislatures of three fourths of the several 
States, or by Conventions in the three fourths thereof, as the 
one or the other Mode of Ratification may be proposed by the 
Congress ; Provided that no Amendment which may be made 
prior to the Year one thousand eight hundred and eight shall 
in any Manner affect the first and fourth Clauses in the Ninth 
Section of the first Article; and that no State, without its 
Consent, shall be deprived of its equal Suffrage in the Senate. 



SO THE AMERICAN SAFEGUARD. 

ARTICLE. YI. 

All Debts contracted and Engagements entered into, before 
the Adoption of this Constitution, shall be, as valid against 
the United States under this Constitution, as under the Con- 
federation. 

This Constitution, and the Laws of the United States which 
shall be made in Pursuance thereof; and all Treaties made, 
or which shall be made, under the authority of the United 
States, shall be the supreme Law of the Loud ; and the 
Judges in every State shall be bound thereby, any Thing in 
the Constitution or Laws of any State to the Contrary not- 
nofcwithstanding. 

The Senators and Representatives before mentioned, and 
the Members of the several State Legislatures, and all execu- 
tive and judicial Officers, both of the United States and of the 
several States, shall be bound by Oath or Affirmation, to sup- 
port this Constitution; but no religious Test shall ever be 
required as a Qualification to any Office or public Trust under 
the United States. 

ARTICLE. YII. 
The Ratification of the Conventions of nine States, shall 
be sufficient tor the Establishment of this Constitution be- 
tween the States so ratifying the Same. 

Done in Convention by the Unanimous Consent of the 
States present the Seventeenth Day of September in the 
Year of our Lord one thousand seven hundred and Eighty 
seven and of the Independence of the Untee.d States of 
America the Twelfth. In Witness .whereof We have 
hereunto subscribed our names, 

GEO. WASHINGTON— 
Presidt and deputy from, Virginia. 
NEW HAMPSHIRE. 

JOHN LANGDON, NICHOLAS GILMAN. 

MASSACHUSETTS. 

NATHANIEL GORHAM, RUFU3 KING. 



CONSTITUTION OF THE UNITED STATES. 



*>1 

L>1 



CONNECTICUT. 

WM. SAML. JOHNSON, ROGER SHERMAN. 

NEW YORK. 

ALEXANDER HAMILTON. 



WILL: LIVINGSTON, 
WM. PATERSON, 



B. FRANKLIN, 

ROBT. MORRIS. 
THO: FITZSIMONS, 

JAMES WILSON, 



GEO: READ, 
JOHN DICKINSON, 
JACO: BROOM. 



JAMES M 'HENRY, 
DANE. CARROLL. 



JOHN BLAIR, 



WM. BLOUNT, 
HU. WILLIAMSON. 



NEW JERSEY. 

DAVID BREARLEY. 
JONA. DAYTON. 

PENNSYLVANIA. 

THOMAS MIFFLIN, 
GEO: CLYMER, 
JAR ED INGERSOLL, 
GOUV: MORRIS. 

DELAWARE. 

GUNNING BEDFORD, Jun'e, 
RICHARD BASSETT. 

MARYLAND. 

DAN: ot ST. THOS. JENIFER 

VIRGINIA. 

JAMES MADISON, Jr. 

NORTH CAROLINA. 

RICE'D DOBBS SPAIGHT, 



SOUTH CAKOLINA. 



J. RUTLEDGE, 
CHARLES PINCKNEY, 



WILLIAM FEW, 

Attest : 



CHARLES COTESWORTH PINCKNEY 
PIERCE BUTLER. 

GEOEGIA. 

ABR. BALDWIN. 

WILLIAM JACKSON, Secretary. 



ARTICLES 

IN ADDITION TO, AND AMENDMENT OF. 

THE CONSTITUTION 

OF THE 

UNITED STATES OF AMERICA. . 

Proposed by Congress, and ratified by the Legislatures of 
the several States, pursuant to the fifth article of the orig- 
inal Constitution. 

(AETICLE 1.) 
Congress shall make no law respecting an establishment of. 
religion, or prohibiting the free exercise thereof ; or abridging 
the freedom of speech, or of the press ; or the right of the 
people peaceably to assemble, and to petition the Govern- 
ment for a redress of greviances. 

(AETICLE 2.) 
A well regulated Militia, being necessary to the security of a 
free State, the right of the people to keep and bear Arms, 
shall not be infringed. 

(AETICLE III.) 
Ko Soldier shall, in time of peace be quartered in any 
house, without the consent of the Owner, nor in time of war, 
but in a manner to be prescribed by law. 



AMENDMENTS TO CONSTITUTION. 33 

(ARTICLE IV) 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no Warrants shall issue, 
but upon probable cause, supported by Oath or affirmation, 
and particularly describing the place to be searched, and the 
persons or things to be seized. 

(ARTICLE V.) 

"No person shall be held to answer for a capital, or other- 
wise infamous crime, unless on a presentment or indictment 
of a Grand Jury, except in cases arising in the land or naval 
forces, or in the Militia, when in actual service in time of 
War or public danger ; nor shall any person be subject 
for the same offence to be twice put in jeopardy of life or 
limb ; nor shall be compelled in any Criminal Case to be a 
witness against himself, nor be deprived of life, liberty, or 
property, without due process of law ; nor shall private prop- 
erty be taken for public use, without just compensation. 

(ARTICLE VI.) 
In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the 
State and district wherein the crime shall have been commit- 
ted, which district shall have been previously ascertained by 
law, and to be informed of the nature and cause of the accu- 
sation ; to be confronted with the witnesses against him ; to 
have Compulsory process for obtaining witnesses in his favour, 
and to have the Assistance of Counsel for his defence. 

(ARTICLE VII.) 

In Suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall 
be preserved, and no fact tried by a jury shall be otherwise 
re-examined in any Court of the United States, than accord- 
ing to the rules of the common law. 
6 



34 THE AMERICAN SAFEGUARD. 

(ARTICLE VIII.) 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 
(AETICLE IX.) 

The enumeration in the Constitution, of certain rights, 
shall not be construed to deny or disparage others retained by 
the people. 

(AETICLE X.) 
The powers not delegated to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

AETICLE XL 

The Judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by Citizens of 
another State, or by Citizens or Subjects of any Foreign 
State. 

AETICLE XII. 

The Electors shall meet in their respective states^, and vote 
by ballot for President and Yice President, one of whom, at 
least, shall not be an inhabitant of the same state with, them- 
selves ; they shall name in their ballots the person voted for as. 
President, and' in distinct ballots the person voted for as Yice 
President, and they shall mate distinct lists of* all persons 
voted for as President, and of all' persons voted for as- 
Vice-President, and of the number of votes for each, which 
list they shall sign and certify, and transmit sealed : to 
the seat of the government of the United States, directed 
to the President of the Senate ; — The President of the 
Senate shall, in presence of the Senate and House of 
Representatives, open all the certificates and the votes shall 
then be counted ; — The person having the greatest number of 
votes for President, shall be the President, if such number 



AMENDMENTS TO CONSTITUTION. 35 

be a majority of the whole number of Electors appointed ; 
and if no person have such majority, then from the person? 
having the highest numbers not exceeding three on the list of 
those voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. But in 
choosing the President, the votes shall be taken by states, tire 
representation from each state having one vote ; a quorum 
for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states 
shall be necessary to a choice. And if the House of Repre- 
sentatives shall not choose a President whenever the right of 
choice shall devolve upon them, before the fourth day of 
March next following, then the Vice-President shall act as 
President, as in the case of the death or other constitutional 
disability of the President. The person having the greatest 
number of votes as Vice-President, shall be the Vice-Presi- 
dent, if such number be a majority of the whole number of 
Electors appointed, and if no person have a majority, then, 
from the two highest numbers on the list, the Senate shall 
choose the Vice-President ; a quorum for the purpose shall, 
consist of two-thirds of the whole number of Senators, and a 
majority of the whole number shall be necessary to- a choice. 
But no person constitutionally ineligible to the office of Pres- 
ident shall be eligible to that of Vice-President of the United. 
States. 

ARTICLE XIII. 

Section 1. Xeither slavery nor involuntary servitude, ex- 
cept as a punishment for crime, whereof the party shall have 
been duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction. 

Sec 2. Congress shall have power to enforce this article- 
by appropriate legislation. 



ANALYTICAL INDEX 

TO THE 

CONSTITUTION. 



Absence. — In the absence of the Yice President the Senate 
shall choose a President pro tern. — Article 1, section 3, cl. 5. 

Absent members. — A smaller number than a majority of 
either House of Congress may compel the attendance of ab- 
sent members, in such manner, and under such penalties, as 
each House may provide. — Art. X, sec. 5, cl. 1. 
* Accept. — N"o person holding any office of profit or trust 
•under the United States, shall, without the consent of Con- 
gress^ accept of any present, emolument, office, or title, of any 
kind whatever, from any king, prince, or foreign states. — Art. 
rl, sec.;9, cl. 8. 

Account,— -A regular statement and account of the receipts 
and expenditures of all public money shall be published from 
time to time,— Art. 1, sec. 9, cl. 7. 

Accusation, — In all criminal prosecutions, the accused to be 
informed of the nature and cause of the accusation. — Sixth 
amendinent. 

Acts, records, and judicial proceedings. — Full faith and 
credit shall be given in each State to the public acts, records, 
and judicial proceedings of every other State. And the Con- 
gress may, by general laws, prescribe the manner in which 



ANALYTICAL INDEX. 6i 

such acts, records, and judicial proceedings shall be proved, 
and the effect thereof. — Art 4, sec, 1, cl. 1. 

Act as President. — In case of the removal, death, resigna- 
tion, or inability, of both the President and Yice President, 
the Congress shall, by law, declare what officer shall then act 
as President, and such officer shall act accordingly until the 
disability be removed, or a President shall be elected. — Art. 
2, sec. 1, cl. 5. 

Adjourn from day to day. — A smaller number than a ma- 
jority of each House of Congress may adjourn from day to 
day — Art. 1, sec, 5, cl. 1. 

Adjourn. — Neither House, during the session of Congress, 
shall, without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the two 
Houses may be sitting. — Art 1, sec 5, cl. 4. 

Adjournment. — If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall 
have been presented to him, the same shall be a law, in like 
manner as if he had signed it, unless Congress by their ad- 
journment prevent its return, in which case it shall not be a 
law. — Art. 1, sec. 7, cl. 2. 

Adjournment — Every order, resolution, or vote, to which 
the concurrence of the Senate and House of Representatives 
may be necessary (except on a question of adjournment), shall 
be presented to the President of the United States. (For pro- 
ceedingS; see resolution.) — Art, 1, sec. 7, cl. 3. 

Adjournment. — In case of disagreement between the two 
Houses of Congress with respect to the time of adjournment, 
the President may adjourn them to such time as he shall think 
proper. — Art 2, sec. 3, cl. 1. 

Admiralty and maritime jurisdiction. — The judicial power 
shall extend to all cases of admiralty and maritime jurisdic- 
tion — Art, 3, sec, 2, cl. 1. 

Admitted. — E~ew States may be admitted by the Congress 
into this Union. — Art. 4, sec, 3, cl. 1. 



SS THE AMERICAN SAFEGUARD. 

Adoption of this Constitution. — All debts contracted or en- 
gagements entered into before the adoption of this Constitu- 
tion, shall be as valid against the United States under this 
Constitution as under the Confederation. — Art. 0, sec. 1, cl. 1. 

Advice and consent of the Senate. — (See Senate.) 

Affirmation — (See oath or affirmation.) 

Age of qualification for a Representative in Congress, 25 
years. — Art. 1, sec. 2, cl. 2. 

Age of qualification for a Senator in Congress, 30 years — 
Art. 1, sec. 3, cl. 3. 

Age of qualification for President of the United States, 35 
years — Art. 2, sec. 1, cl. 4. 

Age of qualification for Vice President of the United 
States, 35 years — Twelfth amendment. 

Agreement or compact. — ±No State shall, without the con- 
sent of Congress, enter into any agreement or compact with 
another State or foreign power. — Art. 1, sec. 10, cl. 3. 

Alliance — ]STo State shall enter into any alliance. — Art. 1 ? 
sec. 10, cl. 1. 

Aliens, or persons ef foreign birth, not eligible as Presi- 
dent or Vice President of the United States — Art. 2, sec. 1, 
el. 4. — Twelfth amendment. 

Ambassador. — The President shall nominate, and by and 
with the advice and consent of the Senate, appoint ambassa- 
dors, &c— Art. 2, sec. 2, cl. 2. 

Ambassadors — The President shall receive ambassadors 
and other public ministers. — Art. 2, sec, 3, cl. 1'. 

Ambassadors. — The judicial power shall extend to all cases 
affecting ambassadors, other public ministers, and consuls. — 
Art. 3, sec. 2, cl. 1. 

Ambassadors. — In all casses affecting ambassadors, other 
public ministers, and consuls, the Supreme Court shall have 
original jurisdiction. — Art. 3, sec. 2, cl. 2. 

Amendments, as on other bills. — All bills for raising rev- 
enue shall originate in the House of Representatives; but the 



ANALYTICAL INDEX. 39 

Senate may propose, or concur with, amendments as on other 
bills. — Art. 1, sec. 7, el. 1. 

Amendments to the Constitution. — The Congress, whenever 
two-thirds of both Houses shall deem it necessary, shall pro 
pose amendments to this Constitution, or, on the application 
of the legislatures of two-thirds of the several States, shall call 
a convention for proposing amendments, which, in either case, 
shall be valid, to all intents and purposes, as part of this Con- 
stitution, when ratified by the legislatures of three-fourths of 
the several States, or by conventions in three-fourths thereof, 
as the one or the other mode of ratification may be proposed 
by the Congress ; provided that no amendment, which may be 
made prior to the year 1808, shall, in any manner, affect the 
first and fourth clauses in the ninth section of the first article ; 
and that no State, without its consent, shall be deprived of 
its equal suffrage in the Senate. — Art. 5, sec. 1, cl. 1. 

Appellate jurisdiction, — (See Supreme Court) — Art. 3 5 
sec. 2, cL % 

Appointed. — No Senator or Representative shall, during 
the time for which he was elected, be appointed to any civil 
office under the authority of the United States, which shall 
have been created, or the emoluments of which shall have 
been increased during such time. — Art. 1, sec. 6, cl. 2. 

Appointed. — No Senator or Representative, or person hold- 
ing an office of trust or profit under the United States, shall 
be appointed an Elector. — Art. 2, sec. 1, el. 2. 

Appointments. — The Executives of States may make tem- 
porary appointments of Senators in the recess of the legisla- 
tures thereof to fill vacancies. — Art. 1, sec. 3, cl. 2. 

Appointment of officers of the militia reserved to the States 
respectively. — Art. 1, sec. 8, cl. 16. 

Appointment of Electors of President and Vice President 
of the United States— (See Electors.)— Art, 2, sec. 1, cl. 2.— 
Twelfth amendment. 

Appointments.— The President shall nominate, and by and 



40 THE AMERICAN SAFEGUARD. 

with the advice and consent of the Senate, shall appoint am- 
bassadors, other public ministers, and consuls, judges of the 
Supreme Court, and all other officers of the United States 
whose appointments are not herein otherwise provided for, 
and which shall be established by law. But the Congress 
may by law vest the appointment of such inferior officers, as 
they think proper, in the President alone, in the courts of law, 
or in the heads of departments. — Art. 2, sec. 2, cl. 2. 

Appointments. — The President shall have power to fill up 
all vacancies that may happen during the recess of the Senate, 
by granting commissions, (or appointments,) which shall ex- 
pire at the end of their next session. — Art. 2, sec. 2, cl. 3. 

Apportioned. — Representatives and direct taxes to be ap- 
portioned among the several States according to their respec- 
tive numbers, &c. — Art. 1, sec. 2, cl. 3. 

Appropriation of money to the use of armies shall not be 
for a longer period than two years. — Art. 1, sec. 8, cl. 12. 

Appropriations. — jN"o money shall be drawn from the 
Treasury but in consequence of appropriations made by law, 
and a regular statement and account of the receipts and ex- 
penditures of all public money shall be published from time 
to time. — Art. 1, sec. 9, cl. 7. 

Approved. — Every bill, resolution or vote to which the con- 
currence of the Senate and House of Representatives may be 
necessary, (except on a question of adjournment,) shall be 
presented to the President of the United States to be ap- 
proved or disapproved by him. — Art. 1, sec. 7, cl. 2-3, 

Approved. — Any bill returned by the President with ob- 
jection, may become a law if approved by two-thirds of both 
Houses of Congress. — Art. 1, sec. 7, cl. 2. 

Armies. — Congress shall have power to raise and support 
armies, but no appropriation of money to that use shall be for 
a longer term than two years. — Art. 1, sec. 8, cl. 12. 

Arming. — Congress shall have power to provide for organ- 



ANALYTICAL INDEX. 41 

izing, arming, and disciplining the militia. — Art. 1, sec. 8, 
el. 16. 

Arms. — The right of the people to keep and bear arms 
shall not be infringed. — 2d amend. 

Army. — Congress shall have power to make rides for the 
government and regulation of the land and naval forces. — 
Art. 1, sec, 8, cl. 11. 

Army. — The President shall be Commander-in-Chief of the 
army. — Art, 2, sec. 2, cl. 1. 

Army. — ~No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in time of 
war, but in a manner to be prescribed by law. — 3d amend. 

Army or Eavy. — Ko person shall be held to answer for a 
capital or otherwise infamous crime, unless on a presentment 
or indictment of a grand jury, except in cases arising in the 
land or naval forces, or in the militia, when in actual service, 
in time of war or public clanger. — 5th amend. 

Arrest. — Senators and Representatives shall, in all cases 
except treason, felony, and breach of the peace, be privileged 
from arrest during their attendance at the sessions of their 
respective Houses, and in going to and returning from the 
same. — Art. 1, sec. 6, cl. 1. 

Arsenals, &c. — Congress shall have power to exercise ex- 
clusive legislation over arsenals, &c. — Art. 1, sec. 8, cl. IT. 

Arts. — Congress shall have power to promote the progress 
of science and useful arts, by securing, for limited times, to 
authors and inventors, the exclusive right to their respective 
writings and discoveries. — Art. 1, sec 8, cl. 8. 

Assemble. — Congress shall assemble at least once in every 
year, on the first Monday in December, unless they shall by 
law appoint a different day. — Art. 1, sec. 4, cl. 2. 

Assemble. — Congress shall make no law abridging the right 
of the people peaceably to assemble and to petition the Gov- 
ernment for a redress of grievances. — 1st amend. 



42 THE AMERICAN SAFEGUARD. 

Attainder. — JSTo bill of attainder or ex post facto law shall 
be passed. — Art. 1, sec. 9, cl. 3. 

Attainder. — No State shall pass any bill of attainder. — 
Art. 1, sec. 10, cl. 1. 

Attainder of treason. — The Congress shall have power to 
declare the punishment of treason, but no attainder of trea- 
son shall work corruption of blood or forfeiture, except dur- 
ing the life of the person attainted. — Art. 3, sec. 3, cl. 2. 

Attendance. — Less than a quorum of either House may 
compel the attendance of absent members. — Art. 1, sec. 5, 
el. 1. 

Attendance. — Members of Congress privileged from arrest 
during their attendance at sessions, &c. (See Arrest.) — Art. 
1, sec. 6, cl. 1. 

Authentication of records, acts, and judicial proceedings 
of States. — Art. 4, sec, 1, cl. 1. 

Authors may secure exclusive rights to their writings for a 
limited time. — Art, 1, sec. 8, cl. 8. 

Bail. — Excessive bail shall not be required, nor excessive 
lines imposed, nor cruel and unusual punishments inflicted. — 
8th amend. 

Ballot. — The electors shall vote by ballot for President 
and Vice President of the United States. They shall name 
in their ballots the person voted for as President, and, in dis- 
tinct ballots, the person voted for as Yice President. — 12th 
amend. 

Ballot. — If no person have a majority of the electoral 
votes, the House of Representatives shall choose, immediately, 
by ballot, the President, — 12th amend. 

Bankruptcies. — Congress shall have power to establish uni- 
form laws on the subject of bankruptcies throughout the 
United States. — Art. 1, sec, 8, cl. 4. 

Bill of attainder. — JSTo bill of attainder or ex post facto 
law shall be passed. — Art. 1, sec. 9, cl. 3. 

Bills. — All bills for raising revenue shall originate in the 



ANALYTICAL INDEX. 43 

House of Representatives, but the Senate may propose or con- 
cur with amendments, as on other bills. — Art. 1. sec. 7, cl. 1. 

Bill. — Every bill which shall have passed the House of 
Representatives and the Senate shall, before it become a law, 
be presented to the President of the United States ; if he ap- 
prove, he shall sign it, but if not, he shall return it, with his 
objections, to that House in which it shall have originated, 
who shall enter the objections at large on their Journal, and 
proceed to reconsider it. If, after such reconsideration, two- 
thirds of that House shall agree to pass the bill, it shall be 
sent, together with the objections, to the other House, by 
which it shall likewise be reconsidered, and if approved by 
two-thirds of that House, it shall become a law. But in all 
such cases, the votes of both Houses shall be determined by 
yeas and nays, and the names of the persons voting for and 
against the bill shall be entered on the Journal of each House 
respectively. — Art. 1, sec. 7, cl. 2. 

Bill. — If any bill shall not be returned by the President 
within ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law, in like manner as 
if he had signed it, unless the Congress, by their adjournment, 
prevent its return, in which case it shall not be a law. — Art. 
1, sec. 7, cl. 2. 

Bill. — Every order, resolution, or vote to which the con- 
currence of the Senate and House of Representatives may be 
necessary, (except on a question of adjournment,) shall be pre- 
sented to the President of the United States ; and, before the 
same shall take effect, shall be approved by him, or, being 
disapproved by him, shall be re-passed by two-thirds of the 
Senate and House of Representatives, according to the rules 
and limitations prescribed in the case of a bill. — Art. 1, see. 
7, el.. 3. 

Bills of credit. — No State shall emit bills of credit. — Art. 
1, sec. 10, cl. 1. 



44 THE AMERICAN SAFEGUARD. 

Blood. — JSTo attainder of treason shall work corruption of 
blood or forfeiture, except during the life of the person at- 
tainted. — Art. 2, sec. 3. cl. 2. 

Borrow money. Congress shall have power to borrow 
money on the credit of the United States. — Art. 1, sec. 8, 
cl. 2. 

Bound. — Persons bound to service for a term of years, in- 
cluded in representative numbers. — Art. 1, sec. 2, cl. 3. 

Breach of the peace. — For a breach of the peace, a Sena- 
tor or Representative may be arrested. — Art. 1, sec. '6, cl. 1. 

Bribery. — All civil officers shall be removed from office on 
impeachment for, and conviction of, bribery, &c. — Art. 2, 
sec. 4, cl. 1. 

Buildings. — Congress shall 'have power to exercise exclu- 
sive legislation over needful buildings in places purchased by 
the consent of the Legislatures of the States. — Art. 1, sec. 8, 
cl. 17. 

Business. — A majority of each House shall constitute a 
quorum to do business. — Art. 1, sec. 5, cl. 1. 

Capital crime. — ]N T o person shall be held to answer for a 
capital or otherwise infamous crime, unless on a presentment 
or indictment of a grand jury, except in cases arising in the 
land or naval forces, or in the militia, when in actual service 
in time of war or public clanger.— 5th amend. 

Capitation tax. "No capitation, or other direct, tax shall 
be laid, unless in proportion to the census or enumeration 
hereinbefore directed to be taken. — Art. 1, sec. 9, cl. 4. 

Capitation tax. — No amendment shall be made prior to 
1808 to affect the preceding clause. — Art. 5. 

Captures. — Congress shall have power to declare war, to 
grant letters of marque and reprisal, and make rules concern- 
ing captures on land and water. — Art. 1, sec. 8, cl. 11. 

Care. — The President shall take care that the laws be 
faithfully executed. — Art. 2, sec. 3, cl. 1. 



ANALYTICAL INDEX. 45 

Cases to which the judicial power shall extend. (See Ju- 
dicial Power.) — Art. 3, sec. 2, el. 1. 

Cause. — No warrant shall issue but upon probable cause. 
— 4th amend. 

Census to be taken within three years after the first meet- 
lug of Congress, and every ten years therafter, in such man- 
ner as they shall by law direct. — Art, 1, sec. 2, el. 3. 

Census. — No capitation, or other direct, tax shall be laid, 
unless in proportion to the census or enumeration hereinbefore 
directed to be taken.— Art. 1, sec. 9, el. 4. 

Census. — No amendment shall be made prior to 1808 to 
affect the preceding clause. — Art. 5. 

Cession. — On the cession by particular States of a district, 
(not exceeding ten miles square,) and the acceptance of Con- 
gress, it ma}' become the seat of Government of the United 
States.— Art. 1, sec, 8, el. 17. 

Ohakge of treason. A person charged in any State with 
treason, &c. 3 who may fly from justice, to be delivered up and 
removed to the State having jurisdiction of the crime. — Art, 
4, sec. % el. 2. 

Chief Justice shall preside when the President of the 
United States is tried on an impeachment by the Senate. 
—Art. 1, sec. 3, el. 6. 

Chosen. (See Elected, &c,) 

Ciiuse. (See Elect.) 

Citizen of United States. No person shall be a Eepre* 
sentative in Congress who has not been seven years a citizen 
of the United States. Art, 1, sec, 2, cl. 2. 

Citizen of the United States. No person shall be a Sena- 
tor in Congiess who has not been nine years a citizen of the 
United States. -Art. 1, sec. 3, el. 3. • 

Citizen. No person except a natural born citizen, or a 
citizen of the United States at the time of the adoption of 
the Constitution, shall be eligible to the office of President. 
Art. 2, sec. 1, cl. 5. 



46 THE AMERICAN SAFEGUARD. 

Citizens. The judicial power shall extend to controversies 
between a State and citizens of another- State ; between citi- 
zens of different States ; between citizens of the same State 
claiming lands under grants of different States ; and between 
a State, or the citizens thereof, and foreign States, citizens, or 
subjects. Art. 3, sec. 2, cl. 1. 

Citizens. The citizens of each State shall be entitled tjo 
ail privileges and immunities of citizens in the several States. 
Art. 4, sec 2, cl. 1. 

Citizens. The judicial power of the United States shall 
not be construed to extend to any suit in law or equity com- 
menced or prosecuted against one of the United States by 
citizens of another State, or by citizens or subjects of any 
foreign State. 11th amend. 

Civil office. (See Office.) 

Civil officers. All civil officers of the United States shall 
be removed from office on impeachment for, and conviction 
of, treason, bribery, or other high crimes and misdemeanors. 
Art. 2, sec. 4, cl. 1. 

Claim. Fugitive slaves shall be delivered up on claim of 
the party to whom they belong, &c. Art. 4, sec. 2, cl. 3. 

Claims. The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the territory 
or other property belonging to the United States ; and noth- 
ing in this Constitution shall be so construed as to prejudice 
any claims of the United States, or of any particular State. 
Art. 4, sec. 3, cl. 2. 

Classes. The Senators shall be divided as equally as may 
be into three classes. (See Senators.) Art. 1, see. 3, cl. 2. 

Clear; Vessels bound to or from one State shall not be 
obliged to enter, clear, or pay duties in another. Art. 1, 
sec. 9, cl. 6. 

Coin money. Congress shall have power to coin money, 
regulate the value thereof, and of foreign coin. Art. 1, 
*ee. 8, cl. 5. 



ANALYTICAL INDEX, 4 < 

Coin. Xo State shall make any thing but gold and silver 
coin a tender in payment of debts. Art. 1, sec. 10, cl. 1. 

Coln. (See Counterfeiting.) 

Coin money. No State shall coin money. Art. 1, sec. 10, 
el. 1. 

Collect duties. — Congress shall have power to lay and col- 
lect duties, taxes, imposts, and excises — Art. 1, sec. S, cl. 1. 

Commandee-en-Chief. — The President shall he Commander- 
in Chief of the Army and Kavy of the United States, and of 
the militia of the several States, when called into actual ser- 
vice of the United States.— Art. 2, sec. 2. cl. 1. 

Commeece. — Congress shall have power to regulate com- 
merce with foreign nations, and among the several States, 
and with the Indian tribes. — Art, 1, sec. S, cl. 3. 

Commerce. — 2*o preference shall he given by any regula- 
tions of commerce or revenue to the ports of one State over 
those of another ; nor shall vessels, hound to or from one 
State, he obliged to enter, clear, or pay duties in anothet. — 
Art. 1, sec. 9, cl. 6. 

Commissioxs. — The president shall have power to till up 
all vacancies that may happen during the recess of the Sen- 
ate, by granting commissions which shall expire, at the end of 
their next session. — Art. 2, sec. 2, cl. o. 

Commissions. — The President shall commission all the offi- 
cers of the United States. — Art. 2, sec. 3, cl. 1. 

Common defence, &ze. — The Constitution established to 
provide for the common defence, etc. — Preamble. 

Common defence,. — Congress shall have power to provide 
for the common defence. — Art, 1, sec. 3, cl. 1.. 

Commo'n law. — In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of trial 
by j lll T sn &U be preserved : and no tact tried by a jury shall 
be otherwise re-examined in any court of the United States, 
than according to the rules of common law. — 7th amend. 

Compact. — jSo State shall, without the consent of Congress, 



48 THE AMERICAN SAFEGUARD. 

enter into any agreement or compact with another State or a 
foreign power. — Art. 1, sec. 10, el. 3. 

Compel the attendance of absent members. — A smaller 
number than a quorum of each House may compel the atten- 
dance of absent members, in such manner and under such 
penalties as each House may provide. — Art. 1, sec. S, cl. 1. 

Compensation. — The Senators and Eepresentatives shall 
receive a compensation for their services, to be ascertained by 
law and paid out of the Treasury of the United States. — Art. 
1, sec. 6, cl. 1. 

Compensation of the President of the United States. — The 
President shall, at stated times, receive for his services a com- 
pensation which shall be neither increased nor diminished 
during the period for which he shall have been elected, and 
he shall not receive within that period any other emolument 
from the United States, or any of them. — Art. 2, sec. 1, cl. 7. 

Compensation. — The judges both of the Supreme and 
Inferior courts shall hold their offices during good behaviour, 
and shall, at stated times, receive for their services a compen- 
sation which shall not be diminished during their continuance 
in office. — Art. 3. sec. 1, cl. 1. 

Compensation. — Nor shall private property be taken for 
public use without just compensation. — 5th amend. 

Compulsory process. — In all criminal prosecutions the ac- , 
cused to have compulsory process for obtaining witnesses in 
his favor. — 6th amend. 

Concur. — The Senate may propose and concur in amend- 
ments to revenue bills, &c. — Art. 1, sec. 7, cl. 1. 

Concurrence. — No person shall be convicted on an im- 
peachment without the concurrence of two-thirds of the 
Senators present. — Art. 1, sec. 3, cl. 0. 

Concurrence. — Every order, resolution, or vote, to which 
the concurrence of the two Houses may be necessary, shall 
be presented to the President, except, &c. — Art. 1, sec. 
7, cl. 3. 



ANALYTICAL INDEX, 49 

Confederation. — No State shall enter into any confedera- 
tion. — Art 1, sec, 10, cL 1. 

Confederation. — All debts contracted or engagements 
•entered into before the adoption of this Constitution, shall be 
as valid against the United States under this Constitution as 
under the Confederation. — Art 6, -sec. 1, cl. L 

Confession in open court. — No person shall be convicted 
of treason unless on the testimony of two witnesses to the 
same overt act, or on confession in open court — Art. 3, sec. 

3; cl. i. 

Confronted. — In all criminal prosecutions, the accused 
shall enjoy the right to be confronted with the witnesses 
against him. — 6th amend. 

Congress United States. — All legislative powers herein 
granted shall be vested in Congress. — Art 1, sec. 1. 

Congress United States shall consist of a Senate and House 
of Representatives. — Art. 1, sec. 1. 

Congress, members of. — (See -Senators.) (See Represent- 
atives.) 

Congress shall by law direct the manner in which the 
census or enumeration of the people shall be made. — Art. 1, 
see. 2, cl. 3. 

Congress. — The first Congress to consist of 65 members 
from the several States, as mentioned herein. (See Repre- 
sentatives.) — Art. 1, sec 2, cl. 3, 

Congress.- — The time, places, and manner of holding elec- 
tions for Senators and Representatives, shall be prescribed in 
each State by the Legislature thereof ; but the Congress may,, 
at any time, by law, make or alter such regulations, except 
as to the places of choosing Senators, — Art 1, see. 4. cl. 1. 

Congress shall assemble at least once in every year, and 
each meeting shall be on the first Monday in December, un- 
less they shall by law appoint a different day. — Art 1, sec. 
4. cl. 2. 

8 



50 THE AMERICAN SAFEGUARD. 

Congress of the United States : — 

Each House shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business ; but a smaller 
number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members, in such manner 
and under such penalties as each House may provide. — Art. 
1, sec. 5, cl. 1. 

Each House may determine the rules of its proceeding, 
punish its members for disorderly behavior, and, with the 
concurrence of two- thirds, expel a member. — Art. 1, sec. 
5, cl. 2. 

Each House shall keep a Journal of its proceedings, and 
from time to time publish the same, excepting such parts as 
may, in their judgment, require secrecy ; and the yeas and 
nays of the members of either House, on any question, shall,, 
at the desire of one-fifth of those present, be entered on the 
Journal. — Art. 1, sec. 5, cl. 3. 

Neither House, during the session of Congress, shall, with- 
out the consent of the other, adjourn for more than threes 
days, nor to any other place than that in which the two 
Houses shall be sitting. — Art. 1, sec. 5, cl. 4. 

All bills for raising revenue shall originate in the House of 
Representatives ; but the Senate may propose, or concur 
with, amendments, as on other bills. — Art. 1, see. 7, cl. 1. 

Every bill which shall have passed the House of Repre- 
sentatives and the Senate, shall, before it .becomes a law, be 
presented to the president of the United States ; if he ap- 
prove, he shall sign it, but if not, he shall return it, with hia 
objections, to that House in which it shall have originated,, 
who shall enter the objections at large on their Journal, and 
proceed to reconsider it. — Art. 1, sec. 7, cl. 2, 

If, after such reconsideration, two-thirds of that House 
shall agree to pass the bill, it shall be sent, together with the; 



ANALYTICAL INDEX. 51 

objections, to the other House, by which it shall likewise be 
reconsidered, and if approved by two-thirds of that House, 
it shall become a law. — Art. 1, sec. 7, el. 2. 

But, in all such cases, the votes of both Houses shall be . 
determined by yeas and nays, and the names of the persons 
voting for and against the bill, shall be entered on the Jour- 
nal of each House respectively. — Art. 1, sec. 7, cl. 2. 

If any bill shall not be returned by the President within 
ten days (Sundays excepted) after it shall have been presented 
to him, the same shall be a law, in like manner as if he had 
signed it, unless the Congress, by their adjournment, prevent 
its return, in which case it shall not be a law. — Art. 1, sec. 
7, cl. 2. 

Every order, resolution, or vote, to which the concurrence of 
the Senate and House of Representatives may be necessary, 
(except on a question of adjournment,) shall be presented 
to the President of the United States, and, before the same 
shall take effect, shall be approved by him, or, being disap- 
proved by him, shall be repassed by two-thirds of the Senate 
and House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. — Art. 1, sec. 
7, cl. 3. 

Congress. — ~No State shall, without the consent of Congress, . 
lay any duty of tonnage, keep troops or ships of war, in time 
of peace — enter into any agreement or compact with another 
State, or with a foreign power, or engage in war, unless actu- 
ally invaded, or in such imminent danger as will not admit of 
delay.— Art. 1, sec, 10, cl. 3. 

Congress. — Each State shall appoint, in such manner as 
the Legislature thereof may direct, a number of electors, 
equal to the whole number of Senators and Representatives 
to which the State may be entitled in the Congress.-- -Art, 2, 
sec, 1, cl. 2. 

Congress. — The Congress may determine the time of choos-. 
ing the electors, and the day on which they shall give their- 



52 THE AMERICAN SAFEGUARD. 

votes ; which day shall be the same throughout the United 
States. — Art. 2, see. 1, eh 3. 

Congress. — The Congress may, by law, provide for the ease 
of removal, death, resignation, or inability, both of the Pres- 
dent and Yice President, declaring what officer shall then act 
as President, and such officer shall act accordingly, until the 
the disability be removed, or a President shall be elected. — 
Art. 2, sec, 1, cl. 5. 

Congress.— The Congress may by law vest the appointment 
of such inferior officers, as they think proper, in the President 
alone, in the courts of law, or in the heads of Departments, 
--Art. 2, sec, 2, cl, 2, 

Ccwgkehs. — The President shall, from time to time, give to 
the Congress information of the state of the Union, and re- 
commend to their consideration such measures as he shall 
judge necessary and expedient; he may, on extraordinary oc- 
casions, convene both Houses, or either of them, and, in case 
■of disagreement between them with respect to the time of 
:adjournment, he may adjourn them to such time as he shall 
ithink proper. — Art. 2, sec. 3, cl. 1. 

Oongress. — The judicial power of the United States shall 
he vested in one Supreme Court, and in such inferior courts 
■as the Congress may from time to time ordain and establish. 
— Art. 3, sec. 1, cl. 1. 

Congress. — In certain cases t*Ue Supreme Court shall have 
appellate jurisdiction, both as ito few and fact, with such ex- 
ceptions, and under such regulations, as the Congress shall 
make. — Art. 3, sec, 2, cl. 2. 

Congress. — When crimes are not- committed within any 
State, the trial shall be at such place or places as the Con- 
gress may by law have directed. — Art, 3, sec. 2, cl. 3. 

Congress shall have power to declare the punishment of 
treason ; but no attainder of treason shall work corruption of 
blood or forfeiture, except during the life of the person at- 
tainted. — Art, 3, sec. 3, cl. 2. 



ANALYTICAL INDEX. 53 

Congress. — Full faith and credit shall be given in each 
State, to the public acts, records, and judicial proceedings of 
every other State. And the Congress may, by general laws, 
prescribe the manner in which such acts, records, and pro- 
ceedings shall be proved, and the effect thereof. — Art. 4, sec> 
I, cl. i: 

Congress. — New States may be admitted by the Congress 
into this Union ; but no new State shall be formed or erected 
within the jurisdiction of any other State; nor any State be 
formed by the junction of two or more States, or parts of 
States, without the consent of the Legislatures of the States 
concerned, as well as of the Congress. — Art. 4, sec. 3, cl. 1. 

Congress.— The Congress shall have power to dispose of 
and make all needful rules and regulations respecting the ter- 
ritory or other property belonging to the United States ; and 
nothing in this Constitution shall be so construed as to preju- 
dice any claims of the United States, or of any particular 
State.— Art. 4, sec. 3, cl. 2. 

Congress. — The Congress, whenever two-thirds of both 
Houses shall deem it necessary, shall propose amendments to 
this Constitution ; or, on the application of the Legislatures 
of two-thirds of the several States, shall call a convention for 
proposing amendments, which, in either case, shall be valid 
to all intents and purposes, as part of this Constitution, when 
ratified by the Legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof, as the one 
or the other mode of ratification may be proposed by the 
Congress : Provided, that no amendment which may be made 
prior to the year 1808, shall, in any manner, affect the first 
and fourth clauses in the ninth section of the first article ; 
and that no State, without its consent, shall be deprived of its 
equal suffrage in the Senate. — Art. 5. 

Congress. — The Senators and Representatives in Congress 
shall be bound by an oath or affirmation, to support this Con- 
stitution.— Art. 6, cl. 3. 



54 THE AMERICAN SAFEGUARD. 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof ; or abridging 
the freedom of speech or of the press ; 'or the right of the 
people peacably to assemble and to petition the Government 
for a redress of grievances. — 1st amend. 

Consent of Congress. — No State shall, without the consent 
of Congress, lay any imposts or duties on imports or exports, 
except what may be absolutely necessary for executing its in- 
spection laws. — Art. 1, sec. 10, cl. 2. 

Constitution ordained and established in order to form a 
more perfect Union ; establish justice ; ensure domestic tran- 
quility ; provide for the common defence ; promote the gen- 
eral welfare, and to secure the blessings of liberty. — Preamble. 

Constitution of the United States. — The President shall, 
before he enter on the execution of his office, take an oath 
that he will to the best of his ability, " preserve, protect, and 
defend the Constitution of the United States." — Art. 2, sec. 
1, cl. 7. 

Constitution. — The Judicial power shall extend to all cases, 
in law and equity, arising under the Constitution. — Art. 3. 
sec. 2, cl. 1. 

Constitution. — All debts contracted, and engagements en- 
tered into, before the adoption of this Constitution, shall be 
as valid against the United States under this Constitution, as 
under the Confederation. — Art. 6, cl. 1. 

Constitution. — This Constitution, and the laws of the 
United States which shall be made in pursuance thereof, and 
all treaties made, or which shall be made, under the authority 
of the United States, shall be the supreme law of the land ; 
and the judges in every State shall be bound thereby, any 
thing in the Constitution or laws of any State to the contrary 
notwithstanding. — Art. 6, cl. 2. 

Constitution. — The Senators and Representatives before 
mentioned, and the members of the several State Legislatures, 
and all executive and judicial officers, both of the United 



ANALYTICAL INDEX. 55 

States and of the several states, sliall be bound by oatli or 
affirmation to support this Constitution ; but no religious test 
shall ever be required as a qualification to any office of public 
trust under the United States. — Art. 6, cl. 3. 

Controversy. — In suits at common law, where the value 
In controversy shall exceed twenty dollars, the right of trial 
by jury shall be preserved. — 7th amend. 

Convene Congress. — The President may, on extraordinary 
occasions, convene both Houses, or either of them. — Art 2, 
sec. 3, cl. 1. 

Convened. — The United States shall, on application of the 
Executive of a State, when the legislature cannot be con- 
vened, protect such State from domestic violence. — Art. 4, 
sec. 4, cl. 1. 

Convicted. No person shall be convicted on an impeach- 
ment, without the concurrence of two-thirds of the Senators 
present. Art. 1, sec. 3, cl. 6. 

Convicted. No person shall be convicted of treason, un- 
less on the testimony of two witnesses to the same overt act, 
or on confession in open court. Art. 3, sec. 3, cl. 1. 

Corruption of blood. No attainder of treason shall work 
corruption of blood or forfeiture, except during the life of 
the person attainted. Art. 3, sec. 3, cl. 2. 

Counsel. In all criminal prosecutions the accused to have 
the assistance of counsel for his defence. 6th amend. 

Counterfeiting. Congress shall have power to provide for 
the punishment of counterfeiting the securities and current 
«oin of the United States. Art. 1, sec. 8, cl. 6. 

Court. No person shall be convicted of treason, unless on 
the testimony of two witnesses to the same overt act, or on 
confession in open court. Art. 3, sec. 3, cl. 1. 

Courts. Congress shall have power to constitute tribunals 
inferior to the Supreme Court. Art. 1, sec. 8, cl. 9. 

Courts of law. The Congress may, by law, vest the ap- 
pointment of such inferior officers as they think proper in 



56 THE AMERICAN SAFEGUARD. 

the President alone, in the courts of law r or in the heads of 
departments. Art. 2,. see. 2, cl. 2. 

Credit. No State shall emit bills of credit Art, 1, see. 
10, cl. 1. 

Crime. A person charged with treason, felony, or other- 
crime, and fleeing from justice, to he delivered up to the 
State having jurisdiction of the crime, Art. 4 r sec. 2 ? cl. 2. 

Crime. No person shall he held to answer for a capital, 
or otherwise infamous crime, unless on a presentment or in- 
dictment of a grand jury. 5th amend. 

Crimes. The trial of all crimes, except in cases of Im- 
peachment, shall he by jury. Art. 3, sec. 2, cl. 3. 

Criminal case. Nor shall any person he compelled ire 
any criminal case to be a witness against himself. 5th 
amend. 

Cruel and unusual punishment. Excessive bail shall not 
be required, nor excessive fines imposed, nor cruel and unu- 
sual punishments inflicted. 8th amend. 

Debate. Senators and Kepresentatives, for any speech or 
debate in either House, shall not be questioned in any other 
place. Art. 1, sec. 6, cl. 1. 

Debts. No State shall make any thing but gold and silver 
coin a tender in payment of debts. Art. 1, sec. 10, cL 1. 

Delivered up. — Fugitives from justice to be delivered up 
to be removed to the State having jurisdiction of the crime- 
—Art. 4, sec. 2, cl. 2. 

Delivered up. — Persons held to service or labor (or slaves) 
escaping into another State shall be delivered up on claim of 
the party to whom such service or labor may be due. — Art. 
4, sec. 2, cl. 3. 

Department of the Government. — Congress shall have 
power to make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all 
other powers vested by this Constitution in the Government 
of the United States, or in any department or office thereof. 
—Art. l,sec. 8, cl. 18. 



ANALYTICAL INDEX. 57 

Deprived. — No State without its consent shall be deprived 
of its equal suffrage in the Senate. Art. 5. 

Direct tax. Representatives and direct taxes to be appor- 
tioned among the States according to their respective numbers. 
&c. (See Eepresentatives.) Art. 1, sec. 2, cl. 3. 

Direct tax. No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration hereinbefore 
directed to be taken. Art. 1, sec. 9, cl. 4. 

Disorderly behavior. — Each House may punish its mem- 
bers for disorderly behavior. Art. 1, sec. 5, cl. 2. 

District not exceeding ten miles square. Congress shall 
have power to exercise exclusive legislation in all cases what- 
soever over such district (not exceeding ten miles square) as 
may, by cession of particular States and the acceptance of 
Congress, become the seat of the Government of the United 
States. Art. 1, sec. 8, cl. 17. 

Divided. The Yice President shall have no vote unless 
the Senate be equally divided. Art. 1, sec. 3, cl. 4 

Dock yards, (fee. Congress shall have power to exercise ex- 
clusive legislation over dock yards, etc. Art. 1, sec. 8, cl. it. 

During good behavior. The Judges, both of the Supreme 
and Inferior courts, shall hold their offices during good be- 
havior. Art. 3, sec. 1, cl. 1. 

Effects. The right of the people to be secure in their ef- 
fects against unreasonable searches and seizures shall not be 
violated. — -1th amend. 

Elected. liepresentatives in Congress shall be chosen or 
elected every second year by the people of the several States. 
—Art. 1, sec. 2, cl. 1. 

Elected. Two Senators from each State shall be chosen 
or elected by the Legislatures thereof for six years. — Art. 1, 
sec. 3, cl. 1. 

Elect. The Senate shall elect or choose their other officers, 

and also a President pro tempore, in the absence of the Yice 

President, or when he shall exercise the office of President of 

the United States. — Art. 1, sec. 3, cl. 5. 
9 



e>0 THE AMERICAN SAFEGUARD. 

Election. When vacancies happen in the representation 
from a State, the Executive thereof shall issue writs of elec- 
tion to fill them. — Art. 1, sec. 2, cl. 4. 

Election of President and Vice President of the United 
States. The President shall hold his office during the term 
of four years, and together with the Vice President, chosen 
for the same term, be elected as follows: — Art. 2, sec. 1, cl. 1. 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Kepresentatives to which the State 
may be entitled in the Congress ; but no Senator or Repre- 
sentative, or person holding an office of trust or profit under 
the United States, shall be appointed an elector. — Art. 2, sec. 
1, cl. 2. 

The electors shall meet in their respective States, and vote 
by ballot for President and Vice President, one of whom, at 
least, shall not be an inhabitant of the same State with them- 
selves. They shall name in their ballots the person voted for 
as President, and, in distinct ballots, the person voted for as 
Vice President ; and they shall make distinct lists of all per- 
sons voted for as President, and of all persons voted for as 
V r ice President, and of the number of votes for each ; which 
lists they shall sign and certify, and transmit sealed to the 
seat of Government of the United States, directed to the 
President of the Senate. The President of the Senate shall, in 
the presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted : the 
person having the greatest number of votes for President shall 
be the President, if such number be a majority of the whole 
number of electors appointed ; and if no person have such 
majority, then, from the persons having the highest numbers, 
not exceeding three, on the list of those voted for as President, 
the House of Representatives shall choose, immediately, by 
ballot, the President. But, in choosing the President, the 
votes shall be taken by States, the Representation from each 



ANALYTICAL INDEX. 59 

State having one vote: a quorum for this purpose shall con- 
sist of a member or members from two-thirds of the States. 
and a majority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose a Pres- 
ident whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Yice 
President shall act as President, as in the case of the death, 
or other constitutional disability of the President. — 12th 
amend. 

The person having the greatest number of votes as Yice 
President shall be the Yice President, if such number be a 
majority of the whole number of electors appointed ; and if 
no person have a majority, then from the two highest numbers 
on the list the Senate shall choose the Yice President : a quo- 
rum for the purpose shall consist of two-thirds of the whole 
number of Senators, and a majority of the whole number 
shall be necessary to a choice. 12th amend. 

But no person constitutionally ineligible to the office of 
President, shall be eligible to that of Yice President of the 
United States. 12th amend. 

Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes ; which day 
shall be the same throughout the United States. Art. 2, sec. 

1, cl. 4. 

In case of the removal of the President from office, or of 
his death., resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice 
President, and the Congress may by law provide for the case 
of removal, death, resignation, or inability, both of the Presi- 
dent and Yice President, declaring what officer shall then act 
as President, and such officer shall act accordingly, until the 
disability be removed, or a President shall be elected. Art. 

2. sec. 1, cl. 5. 

Elections. Each House shall be the judge of the elections, 



60 THE AMERICAN SAFEGUARD. 

returns, and qualifications of its own members. Art. 1, see. 
5, el. 1. 

Eligibility of a Kepresentative in Congress. No person 
shall be a Representative who shall not have attained to the 
age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not when elected be an inhabi- 
tant of that State in which he shall be chosen. Art. 1, see. 
2, cl. 2. 

Enemies. Treason against the United States shall consist 
only in levying war against them, or in adhering to their ene- 
mies, giving them aid and comfort. Art. 3, sec. 3, cl. 1. 

Equal suffrage. 'No State without its consent shall be de- 
prived of its equal suffrage in the Senate. Art. 5. 

Equity. The Judicial power shall extend to all cases in 
law and equity arising under this Constitution, the laws of 
the United States, and treaties made or which shall be made 
under their authority. Art. 3, sec. 2, cl. 1. 

Establishment of religion. Congress shall make no law 
respecting an establishment of religion. 1st amend. 

Exclusive rights to writings and discoveries in science and 
the useful arts may be secured to authors and inventors for a 
limited time. Art. 1, sec. 8, cl. 8. 

Execution of the powers of the Government. Congress 
shall have power to make all laws which shall be necessary 
and proper for carrying into execution the foregoing powers 
and all other powers vested by this Constitution in the Gov- 
ernment of the United States, or any department or office 
thereof. Art. 1, sec, 8, cl. 18. 

Eyecttive authority of any State shall issue writs of elec- 
tion to fill vacancies that may happen in the representation of 
such State. Art. 1, sec. 2, cl. 4. 

Expedient. The President shall, from time to time, re- 
commend to Congress such measures as he shall judge neces- 
sary and expedient, Art, 2, sec, 3, cl. 1. 

Expel a member. Either Home of Congress may, with 



ANALYTICAL INDEX. 61 

the concurrence of two-thirds, expel a member. Art. 1, sec 
5, cl. 2. 

Ex Post facto law. No State shall, pass any ex post facto 
law. Art. 1, sec. 10, cl. 1. 

Faith and credit to be given to public acts, records, and 
proceedings of States, &c. Art. 4, sec. 1, cl. 1. 

Felonies. Congress shall have power to define and punish 
piracies' and felonies committed on the high seas, and offences 
against the law of nations. Art. 1, sec, 8, cl. 10. 

Foreign coin. Congress shall have power to coin money, 
regulate the value thereof, and of foreign coin. Art. 1, sec. 
8, cl. 5. 

Foreign power. No State shall, without the consent of 
Congress, enter into any agreement or compact with another 
State, or with any foreign power. Art. 1, sec. 10, cl. 3. 

Forfeiture. No attainder of treason shall work corrup- 
tion of blood or forfeiture, except during the life of the person 
attainted. Art. 3, sec. 3, cl. 2. 

Forts, &c. Congress shall have power to exercise exclu- 
sive legislation over forts, &c. Art. 1, sec. 8, cl. 17. 

Free State. A well-regulated militia being necessary to 
the security of a free State, the right of the people to keep 
and bear arms shall not be infringed. 2d amend. 

General laws. Congress may, by general laws, prescribe 
flie manner in which the public acts, records, and judicial 
proceedings of States shall be proved, and the effect thereof. 
Art. 4, sec. 1, cl. 1. 

Good behavior. The Judges, both of the Supreme and 
Inferior courts, shall hold their offices during good behavior. 
Art. 3, sec. 1, cl. 1. 

Government. The United States shall guarantee to every 
State in the Union a Bepublican form of government. Art. 
4, sec, 4, cl. 1. 

Governkint. Congress shall make no law abridging the 



62 THE AMERICAN SAFE GUARD . 

right of the people peaceably to assemble and to petition the 
the Government for a redress of grievances. 1st amend. 

Grant. Tiie President shall have power to grant reprieves 
and pardons for offences against the United States, except in 
cases of impeachment. Art. 2, sec. 2, cl. 1. 

Grants of States. The judicial power shall extend to 
cases between citizens of the same State claiming lands under 
grants of different States. Art. 3. sec. 2, cl. 1. 

Habeas corpus. The privilege of the writ of habeas cor- 
pus shall not be suspended, unless when, in cases of -rebellion 
or invasion, the public safety may require it. Art. 1, sec. 
9, cl. 2. 

Happen. The President shall have power to fill up all 
vacancies that may happen during the recess of the Senate, 
&e. Art. 2, sec. 2, cl. 3. 

Honor. Judgment in cases of Impeachment shall not ex- 
tend further than to removal from office, and disqualification 
to hold and enjoy any office of honor, trust, or profit, under 
the United States. Art. 1, sec. 3, cl. 7. 

House of Peps. Members from the House of Represent- 
atives chosen every second year by the people. Art. 1 , sec. 2. 

House of Representatives. The — 

Shall be the judge of the elections, return?, and qualifica- 
eation of its own members, and a majority shall constitute a 
quorum to do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the atten- 
dance of absent members in such manner and under such 
penalties as that House may provide. Art. 1, sec. 5, cl. 1. 

May determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member. Art. 1, sec. 5, cl. 2. 

Shall keep a Journal of its proceedings, and from time to 
time publish the same, excepting such parts as may. in their 
judgment, require secrecy; and th^ yeas and nays of the 
members of either House, on any question, shall, at the desire 



ANALYTICAL INDEX. 63 

of one-fifth of those present, be entered on the Journal, Art. 
1, sec, 5. cl. 3. 

Shall not, during the session of Congress, without the con- 
sent of the Senate, adjourn for more than three days, nor to 
any other place than that in which the two Houses shall be 
sitting. Art. 1. sec, 5, cl. 4. 

House of Reps. All bills for raising revenue shall origin- 
ate in the House of Representatives, but the Senate may 
propose, or concur with, amendments, as on other bills. Art, 
1, sec. 7, cl. 1. 

House of Reps, and Senate. Every bill which shall have 
passed the House of Representatives and the Senate, shall, 
before it become a law, be presented to the President of the 
United States ; if he approve, lie shall sign it, but if not, he 
shall return it, with his objections, to that House in which it 
shall have originated, who shall enter the objections at large 
on their journal, and proceed to reconsider it. If, after such 
reconsideration, two-thirds of that House shall agree to pass 
the bill, it shall be sent, together with the objections to the 
other House, by which it shall likewise be reconsidered, and 
if approved by two-thirds of that House, it shall become a 
law. But in all such cases the votes of both Houses shall be 
determined by yeas and nays, and the names of the persons 
voting for and against the bill shall be entered on the journal 
of each House respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in 
like manner as if he had signed it, unless the Congress, by 
their adjournment, prevent its return ; in which case it shall 
not be a law. Art. 1. sec, 7, cl. 2. 

House of Reps, and Senate. Every order, resolution, or 
vote to which the concurrence of the Senate and House of 
Representatives may be necessary (except on a question of 
adjournment), shall be presented to the President of the 
United States, and, before the same shall take effect, shall be 



64 THE AMERICAN SAFEGUARD. 

approved by him ; or, being disapproved by him, shall be 
repassed by two-thirds of the Senate and House of Represent- 
atives, according to the rules and limitations prescribed in 
the case of a bill. Art. 1, sec. 7, cl. 3. 

Impeachment. The House of Representatives shall have 
the sole power of impeachment. Art. 1, sec. 2, cl. 5. 

Impeachments. The Senate of the United States shall 
have the sole power to try all impeachments. Art. 1, sec. 
3, cl. 6. 

Impeachment. When sitting to try an impeachment, the 
Senate shall be on oath or affirmation. Art. 1, sec. 3, cl. 6. 

When the President is tried, the Chief Justice shall preside. 
Art. 1, sec. 3, cl. 6. 

No person shall be convicted without the concurrence of 
two-thirds of the members present. Art. 1, sec. 3, cl. 6. 

Impeachment. The trial of all crimes, except in cases of 
impeachment, shall be by jury. Art. 3, sec. 2, cl. 3. 

Importation. No amendment made prior to 1808 shall 
affect the preceding clause. Art. 5. 

Imposts. Congress shall have power to lay imposts. Art. 
1, sec. 8, cl. 1. 

Indians not taxed, excluded from representative numbers. 
Art. 1, sec. 2, cl. 3. 

Indian tribes. Congress shall have power to regulate com- 
merce amono: the several States, and with the Indian tribes. 
Art. 1, sec, 8, cl. 3. 

Inhabitant. The electors shall meet in their respective 
States, and vote by ballot for President and Vice President, 
one of whom, at least, shall not be an inhabitant of the same 
State with themselves. 12th amend. 

Invaded. No State shall, without the consent of Congress, 
engage in war unless actually invaded, or in such imminent 
danger as will not admit of delay. Art. 1, sec. 10, cl. 3. 

Invasion. The United States shall protect each State 
against invasion. Art. 4, sec. 4, cl. 1. 



ANALYTICAL INDEX. 65 

Judges of the Supreme Court The President shall nomi- 
nate, and by and with the advice and consent of the Senate, 
appoint the judges of the Supreme Court of the United 
States. Art. 2, sec. 2, el. 2. 

Judges of the Supreme and Inferior courts shall hold their 
offices during good behavior, and shall, at stated times, re- 
ceive for their services a compensation which shall not be 
diminished during their continuance in office. Art. 8, sec. 
J,cl. 1. 

Judicial proceedings. Full faith, credit, proof, and effect 
to be given in each State to the acts, records, and judicial 
proceedings of every other State. Art. 4, sec. 1, el. 1. 

Judicial power. The judicial power of the United States 
diall not be construed to extend to any suit, in law or equity, 
commenced or prosecuted against one of the United States, 
by citizens of another State, or by citizens or subjects of any 
foreign State. 11th amend. 

Jurisdiction. The judicial power shall extend to all cases 
of admiralty and maritime jurisdiction. Art. 3, sec. 2, cl. 1. 

Jurisdiction. Ko new State shall be erected within the 
jurisdiction of any State. Art. 4, sec. 3, cl. 1. 

Jury. The triad of crimes, except in cases of impeach- 
ment, shall be by jury. Art. 3, sec. 1, cl. 3. 

Jury. In all criminal prosecutions, the accused shall en- 
enjoy the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall have 
been committed, which district shall have been previously 
ascertained by law. 6th amend. 

Jury. In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by jury 
shall be preserved ; and no fact tried by a jury shall be oth- 
erwise re-examined in any court of the United States, than 
according to the rules of the common law. 7th amend. 

Justice. The Chief Justice shall preside when the Presi- 
dent is tried on an impeachment. Art. 1, sec. 3, cl. G. 
10 



66 THE AMERICAN SAFEGUARD. 

King, prince, or foreign State. JN T o title of nobility shal[ 
be granted by the United States, and no person holding any 
office of profit or trust under them, shall, without the consent 
of the Congress, accept of any present, emoluments, office, 
or title, of any kind whatever, from any king, prince, or for- 
eign State. Art. 1, sec. 9, el. 8. 

Land ceded to or purchased by the United States. Con- 
gress shall have power to exercise exclusive legislation, in all 
cases whatsoever, over all places purchased by the consent of 
the Legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dock yards, and 
other needful buildings. Art. 1, sec. 8, cl. 17. 

Lands, The judicial power shall extend to controversies 
between citizens of the same State, claiming lands under 
grants of different States. Art. 3, sec. 2, cl. 1. 

Law. The times, places, and manner, of holding elections 
for Senators and Representatives shall be prescribed in each 
State by the Legislature thereof; but the Congress may, at 
any time, by law, make or alter such regulations, except as 
to the places of choosing Senators. Art. 1, see. 4, cl. 1. 

Law. The Congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday in De- 
cember, unless they shall by law appoint a different day. — 
Art. 1, sec. 4, cl. 2. 

Law. If any bill shall not be returned by the President 
within ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law, in like manner as 
if he had signed it, unless the Congress, by their adjournment, 
prevent its return ; in which case it shall not be a law. — Art. 
1, sec. 7, cl. 2. 

Law. Every order, resolution, or vote, to which the 
concurrence of the Senate and House of Representatives 
may be necessary, (except on a question of adjournment,) 
shall be presented to the President of the United States; 
and before the same shall take effect shall be approved 



ANALYTICAL INDEX. 67 

by him, or, being disapproved by him, shall be repassed 
by two- thirds of the Senate and House of Eepresentatives, 
according to the rules and limitations prescribed m the case 
of a bill. — Art. 1, sec. 7, el. 3. 

Law. No State shall pass any ex post facto law. — Art. 1. 
sec. 9, cl. 7. 

Law. No State shall pass any law imparing the obligation 
of contracts. — Art. 1, sec. 10, cl. 1. 

Law. In case of the removal, death, or inability, of both 
President and Vice President, Congress shall, by law, declare 
what officer shall then act as President, — Art. 2, sec. 1, cl. 5. 

Law. The President shall have power, by and with the 
advice and consent of the senate, to appoint officers not pro- 
vided for in the Constitution, and whose offices shall be estab- 
lished by law; but the Congress may, by law, vest the ap- 
pointment of such inferior officers as they think proper in the 
President alone, in the courts of law, or in the heads of 
departments. — Art. 2, sec. 2, cl. 2. 

Law. When crimes shall not have been committed within 
any State, the trial shall be at such place or places as the 
Congress may by law have directed. — Art. 3, sec. 2, cl. 3. 

Law. No person held to service or labor in one State, 
under the laws thereof, escaping into another, shall, in conse- 
quence of any law or regulation therein, be discharged from 
such service or labor, but shall be delivered up on claim of 
the party to whom such service or labor may be due. — Art. 
4, sec. 2, cl. 3. 

Law. Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; or 
abridging the- freedom of speech or of the press ; or the right 
of the people peaceably to assemble, and to petition the 
Government for a redress of grievances. — 1st amend. 

Laws. Congress shall have power to establish an uniform 
rule of naturalization, and uniform laws on the subject of 



68 THE AMERICAN SAFEGUARD. 

bankruptcies, throughout the United States. — Art. 1, see. 
8, cl. 4. 

Laws. ~No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing its inspection laws. 
—Art, 1, sec, 10, cl. 2. 

Laws. All such State laws shall be subject to the revision 
and control of the Congress. — Art. 2, sec. 10, cl. 2. 

Laws. Congress may, by general laws, prescribe the man- 
ner in which the public acts, records, and judicial proceedings 
of States shall be proved, and the effect thereof. — Art. 4, 
sec 1, cl. 1. 

Legislature of each State shall choose two Senators for 
six years. — Art. 1, sec. 2, el. 1. 

Legislature. If vacancies happen by resignation or oth- 
erwise in the seats of Senators, during the recess of the 
Legislature of any State, the Executive thereof may make 
temporary appointments to fill such vacancies, until the next 
meeting of the Legislature, which shall then fill such vacan- 
cies.— Art. 1, sec, 3, cl. 2. .: 

Legislature. The times, places, and manner of holding 
elections for Senators and Representatives shall be prescribed 
in each State by the Legislature thereof; but the Congress 
may, at any time, by law make or alter such regulations, 
excepting as to the places of choosing such Senators. —Art. 
1, sec. 4, cl. 1. 

Legislatures of States. Congress shall exercise exclusive 
legislation over all places purchased by the consent of the 
Legislature of the State in which the same shall be, for the 
erection of forts, magazines, arsenals, dock yards, and other 
needful buildings. — Art. 1, sec. 8, eh 17. 

Legislatures of States may direct the manner of appoint- 
ing electors of President and Vice President of the United 
States.— Art, 2, sec. 1, cl. 2. 

Legislatures of States. No new State shall be formed 



ANALYTICAL INDEX. 80 

within another State, nor any State be formed by the junc- 
tion of two or more States, without the consent of the Legis- 
latures of the States concerned and of Congress. — Art. 4, 
sec. 3, cl. 1. 

Legislatures. The Congress, whenever two-thirds of both 
Houses shall deem it necessary, shall propose amendments to 
this Constitution, or, on the application of the Legislatures of 
two-thirds of the several States, shall call a convention for 
proposing amendments, which, in either ease, shall be valid 
to all intents and purposes, a part of this Constitution, when 
ratified by three-fourths of the several States, or by conven- 
tions in three-fourths thereof, as one or the other mode of 
ratification may be proposed by Congress. — Art. 5. 

Letters of marque or reprisal. Congress shall have powei 
to grant letters of marque and reprisal. — Art. 1, sec. 8, cl. 11. 

Liberty. Nor shall any person be deprived of life, liberty. 
or property without due process of law. — 5th amend. 

Life. ~Kq attainder of treason shall work corruption of 
blood or forfeiture, except during the life of the person at- 
tainted. — Art. 3, sec. 3, cl. % 

Life, liberty, or property. Nor shall any person be 
deprived of life, liberty, or property without due process of 
law. — 5th amend. 

Majostty of each House of Congress shall constitute a 
quorum to do business. — Art. 1, sec. 8, cl. 17. 

Majority of the whole number of electors necessary to 
elect the President and vice President of the United States, 
— 12th amend. 

Majority of all the States shall be necessary to a choice of 
President when the election shall devolve on the House cf 
-Representatives. — 12th amend. 

Measures. Congress shall have power to fix the standard 
of weights and measures. — Art. 1, sec. S, cl. 5. 

Measures. The President shall, from time to time, recom- 



70 THE AMERICAN SAFEGUARD. 

mend to the consideration of Congress such measures as he 
shall judge necessary and expedient. — Art. 2, sec. 3, cl. 1. 

Meeting. The Congress shall assemble at least once in 
every year, and such meeting shall he on the first Monday in 
December, unless they shall by law appoint a different day. 
—Art. 1, sec. 1, el. 2. 

Militia. Congress shall have power to provide for organ- 
izing, arming, and disciplining the militia, and for governing 
such part of them as may be employed in the service of the 
United States, reserving to the States, respectively, the ap- 
pointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress. — - 
Art. 1, sec. 8, cl. 16. 

Militia. A well-regulated militia being necessary to the 
security of a free State, the right of the people to keep and 
bear arms shall not be infringed. — 2d amend. 

Money. Congress shall have power to borrow money on 
the credit of the United States. — Art. 1, sec. 3, cl. 2. 

Money. Congress shall have power to coin money, regu- 
late the value thereof, and of foreign coin. — Art. 1, sec. 
8, cl. 5. 

Money. Congress shall have power to raise and support 
armies, but no appropriation of money to that use shall be 
for a longer term than two years. — Art. 1, sec. 8, cl. 12. 

Money. .No State shall coin money. — Art. 1, sec. 10, cl. 1. 

Names of the members. The yeas and nays of the mem- 
bers of either House, on any question, shall, at the desire of 
one-fifth of those present, be entered on the journal. — Art. 1 , 
sec. 5, cl. 3. 

Naturalization. Congress shall have power to establish a 
uniform rule of naturalization. — Art. 1, sec. 8, cl. 4. 

Necessary. The Congress, whenever both Houses shall 
deem it necessary, shall propose amendments to this Consti- 
tution, &c. — Art. 5, sec. 1, el. 1. 

Necessary. A well-regulated milia being necessary to 



ANALYTICAL INDEX. 71 

the security of a free State, the right of the people to keep 
and bear arms shall not be infringed. — 2d amend. 

Nobility. No title of nobility shall be granted by the 
United States. — Art. 1, sec. 9, cl. 8. 

Nobility. No State shall grant any title of nobilty. — Art. 
1, sec. 10, cl. 1. 

Oath or affirmation. Senators when sitting to try im- 
peachments shall be on oath or affirmation. — Art. 1, sec. 
3, cL 6. 

Oath or affirmation. The Senators and Representatives, 
before mentioned, and the members of the several State 
Legislatures, and all executive and judicial officers, both of 
the United States and of the several States, shall be bound 
by oath or affirmation to support this Constitution, but no 
religious test shall ever be required as a qualification to any 
office or public trust under the United States. — Art 6, cl. 3. 

Oath or affirmation. No warrants shall issue but upon 
probable cause, suppected by oath or affirmation. — ith 
amend. 

Obligations of contracts. No State shall pass any bill 
impairing the obligation of contracts. — Art. 1, sec. 10, cl. 1. 

Offences against the law of nations may be punished by 
Congress. — Art. 1, sec. 8, cl. 10. 

Offences. The President shall have power to grant re- 
prieves and pardons for offences against the United States. — 
Art. 2, sec 2, el. 1. 

Office. No person holding any office under the United 
States shall be a member of either House of Congress during 
his continuance in office. — Art. 1, sec. 6, cl. 2. 

Office. No person holding an office of trust or profit 
under the United States shall be appointed an elector of 
President or Yice President of the United States. — Art. 2, 
sec. 1, cl. 2. 

Officers. All civil officers of the United States shall be 
removed from office on impeachment for, and conviction of, 



72 THE AMERICAN SAFEGUARD. 

treason, bribery, or other high crimes and misdemeanors.— 
Art. 2, sec. 4, cl. 1. 

Offices. The judges, both of the Supreme and Inferior 
courts, sliall hold their offices during good behavior, and shall, 
at stated times, receive for their services a compensation,, 
which shall not be diminished during their continuance m 
office. — Art, 3, sec. 1, el. 1, 

One-fifth of the members present. The yeas and nays of 
the members of either House, on any question, shall, at the- 
desire of one-fifth of those present, be entered on the Journal. 
Art. 1, sec. 5, cl. 3. 

Originate©. Every bill, resolution y order, or vote, not ap- 
proved, shall be returned by the President, with his objec- 
tions, to that House in which it shall have originated. — Art 
1, sec. 7, cl. 2. 

Overt act. No person shall be convicted of treason, unless 
on the testimony of two witnesses to the same overt act. — 
Art. 3, sec. 3, cl. 1. 

Owner. No soldier shall, in time of peace, be quartered 
in any house without the consent of the owner. — 3d amend. 

Owners of slaves. No person held to service or labor in 
one State, under the laws thereof, escaping into another, shall',, 
in consequence of any law or regulation therein, 6e dis- 
charged from such service or labor, but shall be delivered up 
on claim of the party to whom such service or labor may bo 
due. — Art. 4, sec. 2, el. 3. 

Papers. The right of the people to be secure in their 
effects against unreasonable searches or seizures shall not be 
violated. — 4th amend. 

Pardons. The President shall have power to grant par- 
dons. — Art. 2, sec. 2, cl. 2. 

Peace. For a breach of the peace a Senator or Repre- 
sentative may be arrested. — Art. 1, sec. 6, el. 1. 

Peace. No State shall, without the consent of Congress., 
keep troops or ships of war in time peace. — Art.. 1, sec. 
10, cl. 3„ 



ANALYTICAL INDEX. 73 

Penalties. Each House may be authorized to compel the 
attendance of absent members, in such manner and under 
such pealties as each house may provide.— Art. 1, sec. 5, el. 1. 

People represented are — all free persons, those bound for 
a term of years, Indians taxed, and three-fifths of all other 
persons. — Art. 1, sec. 2, cl. 3. 

People. The right of the people to be secure in their 
persons, houses, papers, and effects, against unreasonable 
S2arches and seizures, shall not be violated ; and no warrants 
shall issue but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to bo 
searched, and the persons or things to be seized. — 4th amend. 

People. The enumeration in the Constitution of certain 
rights, shall not be construed to deny or disparage others re- 
tained by the people. — 9th amend. 

Person, ^o person shall be convicted on an impeachment 
without the concurrence of two-thirds of the Senators present. 
Art, 1, sec. 3, cl. G. 

Person. 2no attainder of treason shall work corruption of 
blood or forfeiture except during the life of the person at- 
tainted. Art, 3, sec. 3, cl. 2. 

Personal privilege. The privilege of the writ of habeas 
corpus shall not be suspended, unless when, in cases of rebel- 
lion or invasion, the public safety may require it, Art. 1, sec. 
9, cl. 2. 

Persons constituting representative numbers to be em- 
braced in census are, all free persons, those bound for a term 
of years, Indians taxed, and three-fifths of all other persons 
(slaves.) Art. 1, sec, 2, cl. 3. 

Persons convicted on an impeachment shall, nevertheless, 
be liable and subject to indictment, trial, judgment, and pun- 
ishment. Art, 1. sec. 3, cl. 7. 

Persons. The migration or importation of persons (slaves) 

shall not be prohibited prior to 1808, but a tax or duty mav 
11 V " ~ 



74 THE AMERICAN SAFEGUARD. 

be imposed on such importation not exceeding ten dollars for 
each person. — Art. 1, sec. 9, cl. 1. 

Petition. Congress shall make no law abridging the right 
of the people to petition the Government for a redress of 
grievances. — 1 st amend. 

Piracies. Congress shall have power to define and punish 
piracies and felonies committed on the high seas, and offences 
against the law of nations. — Art, 1, sec. 8, cl. 10. 

Poets, No preference shall be given by any regulation of 
commerce or revenue, to the ports of one State over those of 
another : nor shall vessels bound to, or from, one State, be 
obliged to enter, clear, or pay duties in another. — Art. 1, sec, 
9, cl. 0. 

Post Offices and Post Roads. Congress shall have power 
to establish post offices and post roads. — Art, 1, sec. 8, cl. 7. 

Powers. Congress shall have power to make all laws 
which shall be necessary and proper for carrying into execu- 
tion the foregoing powers, and all other powers vested by this 
Constitution in the Government of the United States, or any 
department or officer thereof. (See Congress.) — Art. 1, sec. 
8, cl. 18. 

Prejudice of Claims. Nothing in this Constitution shall 
be so construed as to prejudice any claims of the United 
States, or of any particular State. — Art, 4, sec. 3, cl. 2. 

Presented. Every bill, order, resolution, or vote, to which 
the concurrence of the Senate and House of Representatives 
may be necessary, &c, shall be presented to the President. — 
Art. 1, sec. 7, cl. 2-3. 

President of the United States is tried by the Senate on 
an impeachment, the Chief Justice shall preside. — Art. 1, sec. 
3, cl. 6. 

President of the United States. If any bill shall not be 
returned by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the Con- 



ANALYTICAL INDEX. 75 

gress, by their adjournment, prevent its return ; in which ease 
it shall not be a law. (See Bill.) — Art, 1, sec. 7, cl. 2. 

President of the United States. The President shall, at 
stated times, receive for his services a compensation, which 
shall neither be increased nor diminished during the period 
for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United 
States, or any of them. — Art. 2, sec, 1, cl. 6. 

President of the United States. He shall have power, by 
and with the advice and consent of the Senate, to make 
treaties, provided two-thirds of the Senators present concur ; 
and he shall nominate, and, by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public 
ministers, and consuls, judges of the Supreme Court, and all 
other officers of the United States, whose appointments are 
not herein otherwise provided for, and which shall be estab- 
lished by law : but the Congress may by law vest the appoint- 
ment of such inferior officers, as they think proper, in the 
President alone, in the courts of law, or in the heads of de- 
partments. — Art. 3, sec. 2, cl. 3. 

President of the United States. The President shall have 
power to fill up all vacancies that may happen during the re- 
cess of the Senate, by granting commissions which shall ex- 
pire at the end of their next session. — Art, 2, sec. 2, cl. 3. 

President of the United States, lie shall, from time to 
time, give to the Congress information of the state of the 
Union, and recommend to their consideration such measures 
he shall judge necessary and expedient; he may, on extraor- 
dinary occasions, convene both Houses, or either of them, and, 
in case of disagreement between them, with respect to the 
time of adjounment, he may adjourn them to such time as he 
shall think proper ; he shall receive ambassadors and other 
public ministers ; he shall take care that the laws be faith- 
fully executed, and shall commission all the officers of the 
United States. — Art, 2, sec. 3, cl. 1. 



76 THE AMERICAN SAFEGUARD. 

Press.— Congress shall make no law abridging the freedom 
of speech and of the press.— 1st. amend. 

Private property. Nor shall private property be taken for 
public use, without just compensation. — 5th amend. 

Process. In all criminal prosecutions the accused to have 
compulsory process for obtaining witnesses in his favor.— 6th 
amend. 

Profit. Judgment, in cases of impeachment, shall not ex- 
tend farther than to removal from office, and disqualification 
to hold and enjoy any office of honor, trust, or profit under 
the United States. — Art. 1, sec. 3, cl. 7. 

Proof. Congress may, by general laws, prescribe the man- 
ner in which the acts, records, and judicial proceedings of 
States shall be proved, and the effect thereof. — Art. 4, sec. 1, 
cl. 1. 

Property or effects. The right of the people to be secure 
in their effects against unreasonable searches or seizures shall 
not be violated. 4th amend. 

Propose amendments. The Congress, whenever two-thirds 
of both Houses shall deem it necessary, shall propose amend- 
ments to this Constitution, or, on the application of the Legis- 
latures of two-thirds of the several States, shall call a conven- 
tion for proposing amendments, &c. — Art, 5, sec. 1, cl. 1. 

Public acts, records, and judicial proceedings of States, to 
have full faith and credit, &o. — Art. 4, sec. 1, cl. 1. 

Public safety. The privilege of the writ of habeas corpus 
shall not be suspended, unless when in cases of rebellion or 
invasion the public safety may require it. — Art. 1, sec. 9, cl. 2; 

Public trust. jSTo religious test shall ever be required as a 
qualification to any office or public trust under the United 
States.— Art. 0, cl. 3. 

Public use. Isor shall private property be taken for public 
use without just compensation. — 5th amend. 

Punish. Each House of Congress may punish its members 
for disorderly behavior. — Art. 1, sec. 5, cl. 2. 



ANALYTICAL INDEX. 77 

Published. A regular statement and account of the re- 
ceipts and expenditures of all public money shall be pub- 
lished from time to time.— Art. 1, see. 9, cl. 6. 

Punishment. Congress shall have power to provide for the 
punishment of counterfeiting the securities and current coin 
of the United States.— Art. 1, sec. 8, cl. 6. 

Punishment. The Congress shall have power to declare 
the punishment of treason. — Art. 3, sec. 3, cl. 2. 

Qualification of a Representative in Congress shall be 25 
years of age, seven years a citizen of the United States, and 
when elected an inhabitant of the same State. — Art. 1, sec. 
2 cl 2 

Qualification of a Senator in Congress shall be 30 years 
of age. nine years a citizen of the United States, and when 
elected an inhabitant of same State. — Art. 1, sec. 2, cl. 3. 

Qualification to office. The Senators and Representatives 
before mentioned, and the members of the several State Leg- 
islatures, and all executive and judicial officers, both of the 
United States and of the several States, shall be bound by- 
oath or affirmation to support this Constitution ; but no re- 
ligious test shall ever be required as a qualification to any 
office or public trust under the United States. — Art. 6, cl. 8. 

Qualifications of A^ice President the same as that of Pres- 
ident of the United States. — 12th amend. 

Questioned. For any speech or debate in either House, 
they shall not be questioned in any other place. — Art. 1, sec. 
(>, cl. 1. 

Quorum of the Senate. A quorum (for the election of 
Vice President by the Senate) shall consist of two-thirds of 
the whole number of Senators, and a majority of the whole 
number shall be necessary to a choice. — 12th amend. 

Quorum of the House of Representatives. A quorum (for 
the election of President by the House of Representatives) 
shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to 
a choice. — 12th amend. 



78 THE AMERICAN SAFEGUARD. 

Representation. When vacancies happen in the repre- 
sentation from any State, the Executive thereof shall issue 
writs of election to fill them. — Art. 1, sec. 2, cl. 4. 

Representative. No person shall be a Representative un- 
less twenty -five years old, been seven years a citizen of the 
United States, and, when elected, an inhabitant of the same 
State.— Art. 1, sec. 2, cl. 3. 

Representatives. Members of the House of Representa- 
tives to be chosen every second year by the people. — Art. 1, 
sec. 2, cl. 1. 

Representatives in Congress. Qualifications of electors 
of Representatives in Congress the same as for electors of the 
most numerous branch of the State Legislature. — Art. sec. 
2, cl. 1. 

Representatives shall not exceed one for every 30,000, but 
each State shall have at least one Representative. — Art. 1, 
sec. 2, cl. 3. 

Representatives. — The times, places and manner of hold- 
ing elections for Senators and Representatives shall be pre- 
scribed in each State by the Legislature thereof; but the Con- 
gress may, at any time, by law, make or alter such regula- 
tions, except as to the places of choosing Senators. — Art. 1, 
sec. 4, cl. 1. 

Representatives. The Senators and — 

Shall receive a compensation for their services, to be ascer- 
tained by law, and paid out of the Treasury of the United 
States.— Art. 1, sec. 0, cl. 1. 

They shall, in all cases except treason, felony and breach 
of the peace, be privileged from arrest during their attendance 
at the session of their respective Houses, and in going to and 
returning from the same ; and for any speech or debate in 
either House, they shall not be questioned in any other place. 
— Art. 1, sec. G, cl. 1. 

Representatives. All bills for raising revenue shall origi- 
nate in the House of Representatives, but the Senate may 



ANALYTICAL INDEX. 79 

propose or concur with amendments, as on other bills. — Art. 
1, sec. 7, el. 1. 

Reprisal. Congress shall have power to grant letters of 
marque and reprisal. — Art. 1, sec. 8, el. 11. 

Reprisal. !No State shall grant letters of marque and 
reprisal. — Art. 1, sec. 10, cl. 1. 

Republican. The United States shall guaranty to every 
State in this Union a republican form of government. — Art. 
4, sec. 1. cl. 1. 

Resignation. Vacancies by resignation of Senators may 
be filled by the Executive of a State in recess of Legislature. 
—Art. 1, sec. 3, cl. 2. 

Resignation. In case of the resignation of the President, 
the office shall devolve on the Yice President, &g. — Art. 2, 
j*ec. 1, cl. 15. 

Returned. Bills, resolutions, tfec, not approved, to be re- 
turned by the President to the House in which they origin- 
ated. — 9th amendment, 

Returned. Bills, resolutions, &c, not returned within ten 
days, Sundays excepted, to become laws unless Congress ad- 
journ. — Art. 1, sec, 7, cl. 2. 

Rhode Island and Providence Plantations entitled to one 
Representative in first Congress.— Art, 1, sec. 2, cl. 3. 

Right of the people. A well-regulated militia being neces- 
sary to the security of a free State, the right of the people to 
keep and bear arms shall not. be infringed. — 2d amendment. 

Rights. Exclusive rights to writings and discoveries may 
be secured to their authors and inventors for a limited time. 
- — Art. 1, sec, 8, cl. 8. 

Rights of domestic security. No soldier shall, in time of 
peace, be quartered in any house without the consent of the 
owner, nor in time of war, but in a manner to be prescribed 
by law. — 3d amendment. 

Roads. Congress shall have power to establish post offices 
and post roads. — Art. 1, sec. 8, cl. 7. 



80 THE AMERICAN SAFEGUARD. 

Rules of the common law. No fact tried by a jury shall 
be otherwise re-examined in any court of the United States. 
than according to the rules of the common law. — 7th amend. 

Runaway slaves, or persons held to service or labor, and 
fugitives from justice, shall be delivered up, &c. — Art. 4, sec. 
2, cl. 2 to 3. 

Science and useful arts. Congress shall have power to 
promote the progress of science and useful arts, by securing, 
for limited times, to authors and inventors, the exclusive right 
to their respective writings and discoveries. — Art. 1, sec. 8, 
cl. 8. 

Seat of Government. Neither House, during the session 
of Congress, shall, without the consent of the other, adjourn 
for more than three days, nor to any other place than that in 
which the two Houses shall be sitting. — Art. 1, sec. 5, cl. 4. 

Seat of Government of the United States. The list of 
electoral votes for President and Vice President shall be 
transmitted, sealed, to the seat of the Government of the 
United States, directed to the President of the Senate.— 12th 
amendment. 

Seats of Senators. Terms at which the seats of the several 
classes of Senators shall be vacated. — Art. 1, sec. 3, cl. 2. 

Secrecy. Each House of Congress shall keep a Journal of 
its proceedings, and from time to time publish the same, ex- 
cepting such parts as may in their judgment require secrecy. 
— Art. 1, sec. 5, cl. 3. 

Securities. Congress shall have power to provide for the 
punishment of counterfeiting the securities and current coin 
of the United States.-- Art. 1, sec. 8, cl. 6. 

Senate. The senate shall be composed of two Senators 
from each State, chosen by the Legislature's for six years, and 
each Senator shall have one vote. — Art. 1, sec. 3, cl. 1. 

Senate. The Yice President of the United States shall be 
President of the Senate, but shall have no vote unless they be 
equally divided. — Art. 1, sec. 3, cl. 4. 



ANALYTICAL INDEX. 81 

Slavery Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime, whereof the party shall have 
been duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction. — 13th amend. 

States. The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the States, are re- 
served to the States respectively, or to the people. — 10th 
amend. 

Tax. A tax or duty on imported persons (slaves) might 
have been imposed up to 1808. — Art. 1, sec. 9, cl. 1. 

Taxed. Indians not taxed excluded from representative 
numbers. — Art. 1, sec. 2, cl. 3. 

Tender. No State shall make any thing but gold and 
silver coin a tender in payment of debts. — Art. 1, sec. 
10, cl. 1. 

Territory. Congress shall exercise exclusive legislation 
over all places (or territory) acquired for public purposes by 
cession of particular States. — Art. 1, sec. 8, cl. 17. 

Territory. The Congress shall have power to dispose of 
and make all needful rules and regulations respecting the 
territory or other property belonging to the United States. — 
Art. 4, sec. 3, cl. 2. 

Things. No warrants shall issue but upon probable cause, 
supported by oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be 
seized. — 4th amend. 

TuREE-fifths of all other persons (slaves) included in repre- 
sentative numbers. — Art. 1, sec. 2, cl. 3. 

TiiREE-fourths. Amendments to the Constitution must be 
ratified by the Legislatures or Conventions of three-fourths of 
the States. — Art. 5. 

Tonnage. No State shall, without the consent of Con- 
gress, lay any duty of tonnage. — Art. 1, sec. 10, cl. 3. 

Treason against the United States shall consist only in 

levying war against them, or in adhering to their enemies, 
12 



82 THE AMERICAN SAFEGUARD. 

giving them aid and comfort. No person shall be convicted 
of treason unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. — Art. 3. sec. 
3, cl. 1. 

The Congress shall have power to declare the punishment 
of treason, but no attainder of treason shall work corruption 
of blood or forfeiture, except during the life of the person 
attainted. — Art. 3, snc. 3, cl. 2. 

Treason. A person charged with treason and fleeing from 
one State to another, to be delivered up, on demand, to the 
State having jurisdiction. — Art, 4, sec. 2, cl. 2. 

. Treasury. ~No money shall be drawn from the Treasury 
but in consequence of appropriations made by law ; and a 
regular statement and account of the receipts and expendi- 
tures of all public money shall be published from time to 
time. — Art. 1, sec. 9, cl. 7, 

Treasury of the United States. The nett produce of all 
.duties and imposts, laid by any State on imports or exports., 
shall be for the use of the Treasury of the United States. — 
Art. 1, sec, 10, cl. 2. 

Treaties, All treaties made, under the authority of the' 
United States, shall be the supreme law of the land. — Art. 
6, cl.2. 

Trial. In all criminal prosecutions, the accused shall en- 
joy the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall have 
been committed, which district shall have been previously 
ascertained by law. — 7th amend. 

Uniform. All duties, imports, and excises, shall be uni- 
form throughout the United States. — Art. 1 , sec. 8, cl. 1. 

Union. JSTew States may be admitted by the Congress 
into this Union. — Art. 4, sec. 3, cl. 1. 

Union. The United States shall guarantee to every State 
in the Union a republican form of government, — Art. 4, 
sec. 4, cl. 1. 



ANALYTICAL INDEX. 83 

United States. The time of choosing electors shall be the 
same throughout the United States. — Art. 2, sec. 1, el. 3. 

United States. No person except a natural born citizen, 
or citizen of the United States at the adoption of the Consti- 
tution, nor unless he shall have attained the age of 35 years, 
and been 14 years a resident of the United States, shall be 
President of the United States. — Art. 2, sec. 1, el. £ 

United States. The President shall commission all officers 
of the United States. — Art. 2, sec. 3, cl. 1. 

United States. The judicial power shall extend to all con- 
troversies to which the United States shall be a party. — Art. 
3, sec. 2, cl. 1. 

Untied States. The powers not delegated to the United 
States by the Constitution, nor prohibited by it to the States. 
are reserved to the States respectively, or to the people. — 
10th amend. 

Vacancies. The President shall have power to fill up all 
vacancies that may happen during the recess of the Senate. 
by granting commissions which shall expire at the end of 
their next session. — Art. 2, sec. 2, cl. 3. 

Yice President, or when he shall exercise office of Presi- 
dent of the United States. The Senate shall choose a Presi- 
dent pro tempore. — Art. 1, sec. 3, cl. 5. 

Yotes taken by States. In choosing the President by the 
House of Representatives, the votes shall be taken by States, 
the representation from each State having one vote. — 12th 
amend. 

Was,. Congress shall have power to declare war, grant 
letters of marque and reprisal, and make rules concerning 
captures on land and water. — Art. 1, sec. 8, cl. 11. 

War, No State shall, without the consent of Congress, 
engage in war unless actually invaded, or in such imminent 
danger as will not admit of delay. — Art, 1, sec, 10, cl. 3. 

War. ISTo soldier shall be quartered in any house in time 
of war, but in a manner prescribed by law. — 3d amend. 



84 THE AMERICAN SAFEGUARD. 

War. ~No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or indict- 
ment of a grand jury, except in cases arising in the land or 
naval forces, or in the militia when in actual service, in time 
of public danger. — 5th amend. 

Witnesses. No person shall be convicted of treason, un- 
less on the testimony of two witnesses to the same overt act, 
or on confession in open court. — Art. 3, sec. 3, el. 1. ' 

Witness against himself. Nor shall any person be com- 
pelled, in any criminal case, to- be a witness against himself. 
— 5th amend. 

Witnesses in his favor. In all criminal prosecutions, the 
accused to have compulsory process for obtaining witnesses in 
his favor. — 6th amend. 

Writings. Exclusive right to writings may be secured by 
authors for a limited time. — Art. 1, sec. 8, cl. 8. 

Writ of habeas corpus. The privilege of the writ of ha- 
beas corpus shall not be suspended, unless when in cases of 
rebellion or invasion the public safety may require it. — Art. 
1, sec. 9, cl. 2. 

Y eas and nays. Votes into the two Houses of Congress, 
on passage of any bill, order, resolution, or vote, returned 
with objections by the President, shall be taken by yeas and 
nays. 



POLITICAL DEFINITIONS. 



To facilitate the comprehension, by the juvenile reader, of 
the following " Treatise on the Government of the United 
States," we give definitions of some of the most important 
political terms made use of, as they are understood and used 
by the most distinguished political and historical writers. 



SOVEREIGNTY. 

The supreme power of a nation. The United States is the 
only nation among the great powers of the earth, where the 
supreme power or sovereignty is vested in the people. 

GOVERNMENT 

Is a constituted authority, derived from sovereignty, and de- 
rives its just powers from the consent of the governed. 

LAW 

Is the voice of sovereignty and the rule of government, 
Blachstone lays it down as "a rule of action prescribed by 
the supreme power in the State, commanding what is right 
and forbidding what is wrong." 

CONSTITUTION 

Is the basis of government — the original compact which pre- 

Qtjestions. — What is sovereignty ? What great nation leaves sovereignty vested 
in the people? What is government? Whence are its just powers derived? 
What is law? How does Blackstone define it? 



86 THE AMERICAN SAFEGUARD. 

scribes the limit of sovereignty and the powers of govern- 
ment. It is often termed the fundamental law. 

DESPOTISM 

Is a sovereignty where a single individual governs by his own 
will, without a constitution, and ignoring the consent of the 
governed. 

MONARCHY 

Is the rule of a single individual, which may be a despotism, 
as in the case of Turkey and Russia, or a constitutional gov- 
ernment, as in the case of England. 

REPUBLIC 

Is a government where the will of the people is the sovereign 
power, however it may be expressed. 

DEMOCRACY 

Is a republican system where the voice of the whole people 
constitutes the government, as in the case of the Grecian Re- 
publics, where the laws were framed in the primary assem- 
blages of the people. The word is derived from the Greek 
Demos, signifying the people. 

ARISTOCRACY 

Signifies government by a ruling class. The word is from the 
Greek and means power held by the wisest and best. That 
meaning may have been sustained by the Athenian aristoc- 
racy, but it has not been true always since then. The politi- 
cal is, of course, not the common use of the term. 

PARTY. 

In a political sense the word party signifies the embodiment 
of political principles. England and the United States are 
controlled by great and opposing parties, which strive for su- 

Questions. — What is the Constitution? What is it often called? What is des- 
potism ? What is a monarchy? Give an example where a monarchy may be a 
despotism? Name a constitutional monarchy. What is a republic? What is 
democracy? Give an example of a democratic government? From what is the 
word derived? What does aristocracy signify? What is its literal meaning? 
What is the meaning of party, used in a political sense? 






POLITICAL DEFINITIONS. 87 

premacy, and the party whose principles are in the ascen- 
dency, and- most popular with the voting classes, assumes the 
control of the government 

FACTION. 

A party whose views are individual, local or selfish ; whose 
aims are sectarian and fanatical, partaking more of prejudice 
than patriotism, forms a faction. 

LEGISLATURE 

Is the assemblage of the representatives of the people, who 
constitute the law-making power. 

CONGRESS 

Is the highest law-making power of the United States, com- 
posed of Senators and Representatives sent from all the 
States, to whom are committed the affairs of the nation — a 
Senate consisting of two members from each State, and a 
House of Representatives, containing one member from each 
Congressional district in the Union. The word Congress ap- 
plies to any national or international gathering, to consider 
affairs of state. 

EXECUTIVE. 

The chief officer of any nation or state is its executive, upon 
whom devolves the duty of executing the laws. 

JUDICIAL. 

Referring to the administration of justice. 

JUDICIARY. 

The system of courts by which justice is administered, 

JURISDICTION. 

The extent of legal power belonging to a court or to a gov- 
ernment. 

Questions.— What is a faction? What is the Legislature ? What is Congress? 
Of how many hodies is it composed? What is the general meaning of the word 
Cougress ? What is an Executive, and what are his duties ? To what does the 
word judicial refer? What is the judiciary ? Define jurisdiction. 



88 THE AMERICAN SAFEGUARD. 

STATUTE LAW 

Is the written law of the nation or state, as enunciated by the 
Legislature and administered by the courts, in conformity 
with the Constitution, 

COMMON LAW 

Consists of the customs and usages handed down from time 
immemorial, derived in part from the municipal and civil law 
of the ancients ; formed also upon the necessities of later 
times, and adopted as rules of justice in the absence of writ- 
ten statutes. This system has been compiled by the most 
eminent jurists of England and America, from tradition and 
customs, and forms the basis of judicial proceedings in those 
countries, governing the action and decisions of courts, except 
in the presence of statutory provisions, 

. CORPORATION, 

A body politic, having a common seal, is a corporation. Cor- 
porations are created for purposes of charity, trade or educa- 
tion. The term has a political, commercial or artificial sense, 
according to the circumstances. 

CHARTER,, 

Is an act creating a corporation, as in incorporating a city qt 
an enterprise, 

MUNICIPAL. 

Kelating to a corporation. Municipal laws are civil or inter- 
nal, in opposition to national or external laws. 

IMPEACHMENT 

Is a public accusation of malfeasance in office made by some 
competent tribunal, to arraign some executive or judicial of- 
ficer for trial and possible removal. 

Questions. — What is statute law? By what is it administered? What must it 
conform to? Of what does common law consist? How has it been compiled ¥ 
What respect is paid to it? W hat is a corporation? How many meanings are 
there to the term, and what are they ? What does a charter create ? To what does 
the term municipal relate ? What is the difference between municipal laws and 
national or external laws? What is impeachment? For what purposes ia it 
made? 



POLITICAL DEFINITIONS. 89 

VERDICT 

Is the answer which a jury make to the court and parties 
when a cause has been left to their decision. 

TREASON. 

Our national Constitution defines treason against the United 
States to be — levying war against them, or in adhering to 
their enemies^ giving them aid and cow fort, 

REPRIEVE. 

The remission of a sentence for a time. 

DIPLOMACY. 

Intercourse carried on between different countries by means 
of ministers or agents. 

REVOLUTION. 

As applied to governments, this term means any radical 
change in their systems. Any great change in public senti- 
ment may be called a revolution, but the history of England, 
France, and our own country, shows that the people have, in 
each country, risen en masse, and having overthrown the ex- 
isting governments, have instituted more popular systems. 
These were revolutions. 

EX POST FACTO. 

An ex post facto law is one that would go back in point of 
time to take cognizance of acts committed before its existence, 
or to make past acts criminal which were not criminal when 
committed. Such a law is contrary to the principles of true 
government, and our courts would refuse to enforce such a 
one, if it should be inadvertantly enacted. 

BILL OF ATTAINDER. 

This is a special legislative act, inflicting capital punishment 
upon persons supposed to be guilty of high offences, such as 

Questions. — Wkat is a verdict? How does the Constitution define treason 9 
What is a reprieve? Explain what diplomacy is? What is a revolution? How 
have revolutions operated in England and France? What is an ex post facto law? 
Is such a law just? What is a hill of attainder? 
13 



90 THE AMERICAN SAFEGUARD. 

treason or felony, without conviction in the ordinary course of 
judicial proceedings. Such an act, if it provides for inflict- 
ing milder penalties, is called a bill of pains and penalties. 

A BILL. 

Tins term is used to designate the written form of a public 
act proposed for passage by any legislature. 

REVENUE. 

The income of a government is called revenue^ which may be 
collected, as in the United States, from many sources. We 
tax foreign importations, many classes of manufacture and 
incomes, exact stamp duties and sell public lands. From 
these and other sources is derived the public revenue. 

TREATY. 

Any agreement or compact made between independent na- 
tions for the settlement of differences, the preservation of 
peace, the regulation of trade or intercourse, or for any mat- 
ter of international importance, is called a treaty. 

NATURALIZATION 

Is the act by which a foreigner becomes a citizen. England 
and other countries accord this privilege as a special favor, 
and the United States is the only one among the great pow- 
ers which offers the privileges of citizenship to all nations. 

BANKRUPTCY 

Signifies inability to meet indebtedness. The word is used in 
the Constitution with reference to passage of acts of Congress 
by which debtors can surrender their property into the hands 
of agents as appointed by Government, and be relieved from 
obligation by the action of the courts. 

QUORUM. 

The constitutional number of members of a legislative body 

Questions. — What is the legislative meaning of the word bill ? What is revenue? 
How may it be collected ? Explain what the word treaty means? What is natu- 
ralization? Is the principle common among nations? What is the meaning of 
bankruptcy ? How is it used in the Constitution ? What is a quorum. 



POLITICAL DEFINITIONS. 91 

required to participate in legislative acts, to make the same 
legal, is known as a quorum. 

MAJORITY, PLURALITY, MINORITY. 

Majority signifies more than one-half. Plurality is where any 
candidate or any measure gets more votes than any other, but 
not one-half. Minority is less than half. 

TAXATION 

Is the system of taxes levied by government by which the 
public revenue is derived. 

LEGAL TENDER. 

Any money established by government as a satisfaction for 
public and private dues, is a legal tender. 

Questions. — Define majority. Define plurality ? Define minority? What is 
taxation ? What is a legal tender ? 



A TREATISE 

UPON THE 

HISTORY AND GOVERNMENTOFTHEUNITED STATES. 



WRITTEN EXPRESSLY FOR THIS WORK. 



INTENDED FOR THE USE OF SCHOOLS AND FAMILIES. 



It becomes a people, who are proud of the fact that they 
have been the first of all the nations of the earth to establish 
a Constitututional Government upon the basis of political 
equality and the consent of the governed, to have a knowl- 
edge of the principles upon which that government is based ; 
and, also, to be informed concerning those times in which the 
great principles of liberty grew to such magnitude as to be 
asserted against tyranny and oppression, which had been im- 
memorial. And this work, giving to the public the Constitu- 
tion, many facts concerning its origin, and many of the utter- 
ances of the Fathers of the Eepublic, would be incomplete, if 
it did not also sum up in brief those facts of our history that 
show how the hope of freedom grew in the Colonies until it 
ripened to fruition. 

THE GOVERNMENT OF THE COLONIES. 

The forms of government prevailing in the early Colonies 



HISTORY AND GOVERNMENT. 93 

were materially different. The New England States enjoyed 
the greatest privileges, as by royal charter each one had a grant 
of the territory within its limits. The people elected their 
governors and legislative assemblies, and established their 
own courts of justice. The only limitation was, that no laws 
should be enacted contrary to those of England. The early 
settlers of New England were Puritans — men who preferred 
freedom in a wilderness to life in England, where they had 
been subject to a despotism, that bound thought as well as 
action. It was natural that such men should demand the 
greatest freedom to be granted by the age in which they lived, 
and should strictly guard and preserve it. 

The remaining Colonies were much less favored. Mary- 
land, Pennsylvania, New Jersey and the Carolinas were orig- 
inally Proprietary Governments. For instance, Pennsylvania 
was granted to Wm. Penn, whose heirs had the appointment 
of its governors and officers, and a voice in making its laws. 
These Colonies were ill governed, and had much cause for 
complaint. 

In New York, Virginia, Georgia and Delaware, the Grown 
appointed the governor and council. The people elected a 
legislative assembly, but the right to negative its acts remained 
with the governor. 

As early as 1610 the King of England (James I.) resented 
the attempt of Virginia to establish a popular form of gov- 
ernment. And in 1624 its charter was declared forfeited and 
the government taken into royal hands. Under Cromwell 
and the Parliament, Virginia enjoyed greater privileges. The 
early history of that Colony shows a continual contest with 

Questions. — What colonies enjoyed chartered governments? What were the 
privileges of those governments? What States had proprietary governments? 
Who was the first proprietor of Pennsylvania? What was the power of the pro- 
prietors? In what State did the King appoint the Governor and Council? What 
privileges did the people have in those States? When did Virginia first attempt to 
to establish a popular form of government? What did the King do in consequence ? 
What did the early history of that colony show? 



9-1 THE AMERICAN SAFEGUARD. 

the Crown, and many complaints of oppression. New York 
was first settled by the Dutch hi 1614, and remained in their 
possession until 1663, when it was surrendered to the English ; 
but its possession was for some time in dispute. The- Caro- 
linas, in 1719, renounced the government of the proprietors, 
and were sustained by the King, who purchased the rights of 
the proprietors and established royal governments instead. 

But they, and the people of the Colonies generally, however 
governed, as naturally as they breathed the air of the new 
hemisphere, imbibed ideas of freedom ; and sooner or later 
the time was to come when the slightest foreign thralldom 
would be insupportable. 

The rights of the Colonies were never clearly defined. The 
Crown claimed great and indefinite powers as its prerogatives, 
while the colonial assemblies claimed that their charters were 
irrevocable, and that their compacts with the King could only 
be altered with their consent. There was constant attempts 
at encroachment by the Crown, and as constant resistance by 
the Colonies, so that the history of a century gives us a story 
of great pretentions and exactions on the one part, and of 
continued struggle and resistance on the other. So great was 
the change, even under these circumstances, from the despotism 
of the old world to the comparative freedom of the new, that 
the Colonies struggled upward, growing in numbers and 
wealth, developing, with each wrestle with tyranny, a greater 
love for freedom and more ability to achieve it. 

THE PEOPLE OF THE COLONIES. 

The different settlements on the Atlantic coast of America 
grew out of circumstances as various as their climate and pro- 



Questions.— When was New York first settled, and by whom? When was it 
surrendered to the English? When did the Carolinas renounce the government of 
the proprietors? Were they sustained? Were the rights of the Colonies and 
Crown clearly denned ? What did the Colonial Assemblies claim? What was the 
re*u!t? What was the conseo^ence of the change from the governments of the 
old world to the governments of the new ? 



niSTORY AND GOVERNMENT. 95 

ductions. New England was born of a religious sentiment, 
that claimed its rocks and hills as a refuge from civil and re- 
ligious tyranny. Xew York was settled, and for half a cen- 
tury was held, by the Dutch, and afterwards became the 
home of many English, who, from various causes, emigrated 
to the new world. Pennsylvania was occupied by the Quakers, 
under their distinguished leader. Virginia was founded by 
the Cavaliers, while South Carolina became an asylum for 
persecuted Huguenots, driven from France, by religious per- 
secution, to seek her favored clime. There were many differ- 
ing elements of character involved in the settlement of the 
colonies ; religion planted its faith in some ; enterprise sought 
sources of wealth in others ; adventure drew enthusiasts, and 
ambition called its votaries. But the free air of a new world, 
for such it was to all intents, inspired all with a love of free- 
dom and a hatred of the tyrants of the world they had aban- 
doned. It required the possession of more than ordinary 
character and enterprise to induce men to cross an ocean to 
seek a wilderness, and whatever differences of character per- 
tained to the inhabitants of the different Colonies, they par- 
took in common of an independence of mind, without which 
they would never have been there, and therefore could act in 
nnison to attain rights that were essential to all. The charac- 
ter of the early colonists is in favorable contrast with the age 
in which they lived, and the spirit that they fostered has been 
bequeathed to a great nation, that claims them as its pro- 
genitors. 

♦ OPPRESSIVE ACTS OF ENGLAND. 

The King not only claimed the right to overrule legislation 
in the Colonies, but he, with his Parliament, insisted upon a 
system of taxation most unjust and obnoxious. From- the 

Questions.— What is said concerning the early settlement of New England'? — 
of New York?— of Pennsylvania? — of Virginia? — of the Carolinas? What was 
the effect of life in the new world? What did the people of the Colonies possess in 
eommon ? What rights did the King and Parliament claim? 



96 THE AMERICAN SAFEGUARD. 

first the colonies denied this right, and to the last they fought 
it. Many of the colonial legislatures took action upon it, and 
refused to be taxed by the mother country. Plymouth Colony 
in 1636; Maryland in 1650; Massachusetts in 1661; Khode 
Island in 1664; New York about 1692; Virginia in 1676; 
New Jersey in 1680, either directly refused to be so taxed, or 
denounced the levying of such taxes upon them. So we per- 
ceive that, for a century or more before the Revolution, the 
principles that animated it were in existence. There was no 
question then made as to the right being possessed by Eng- 
land to control and regulate the commerce of the colonies ; 
that right was conceded, and from the first duties were ex- 
acted of a restrictive character. All colonial produce was 
required to be carried to England, and heavy customs paid. 
Bonds were required and given that vessels would carry their 
cargoes to England and take their loading from thence. 
These regulations were often violated, and to secure their en- 
forcement the Navigation Act passed Parliament in 1651, to 
force the colonial trade to be done in British ships, and to be 
confined to British ports. In the language of the act, it was 
intended " to keep His Majesty's subjects in the Plantations 
in a firmer dependence," while it should assist to build up 
British interests in general. This praiseworthy object was 
persevered in until " His Majesty's subjects," a century and 
more afterward, gained a " greater dependence" upon them- 
themselves. In 1672, duties were imposed upon commodities 
sent from one Colony to another, which Massachusetts disre- 
garded, but it was enforced in other Colonies. The attempts 
of the colonists to become manufacturers were also met by 
hostile acts of Parliament. Pig iron could be made and sent 
to England, but the manufacture of iron and steel in any 

Questions. — What was the action of the Colonies on the subject of taxation by 
the King? How long before the revolution were its principles asserted ? What 
did the colonies concede to the King? What act did England pass concerning 
commerce in the Colonies ? What did the Navigation Act require ? What was its 
expressed intention? What was done with reference to colonial manufactures? 



HISTORY AND GOVERNMENT. 97 

other shape was forbidden. There was no aid given to colo- 
nial industry, for tyranny seemed determined to hinder the 
progress and bar the enterprise of all its possessions outside 
the favored isles, and keep them dependent, so that they 
might never become free. 

So passed a century after the Navigation Act was put in 
force. And burtiiensome and oppressive as the measures of 
the English Government were, they seem to have been sub- 
mitted to, with occasional outbreak and much remonstrance. 
Even at that da} T , a century since, when the population of 
the thirteen Colonies amounted to less than two millions, the 
revenue derived from them by the General Government, 
through this system of duties, was ten millions of dollars per 
annum. And it must be remembered that an hundred years 
ago, one dollar represented more value than two at the 
present time. The Colonists groaned under an oppression 
they could not resist, and which was greater because they 
struggled to subdue a wilderness and were often involved in 
desperate conflicts with the Indians. It was when they had 
been impoverished by a long and bloody war with the French 
and their savage allies, that an attempt was made by England 
to add to their burthens and oppress them by acts of unheard-of 
tyranny, even to them, descendents of sires who, in the 
words of an English orator, seemed to have been " born to 
be taxed." 

It was found necessary at the close of the French war in 
1763, in view of the great expenses incurred therein, to in- 
crease the national revenue, and as one means of such increase, 
it was determined that the American Colonies should be. 
taxed, and that the Navigation Act — more than a century old 
— and other acts regulating colonial trade, should be more 
rigidly enforced. 

Questions. — Were these acts submitted to? What revenue did England derive 
from the Colonies? When were their burdens increased? What was the cause? 
What did England determine? 

14 



98 THE AMERICAN SAFEGUARD. 

The colonial governments were deemed to be too liberal,, 
and to maintain the old idea of keeping the Colonies depen- 
dent upon the Crown, it was determined that they should 
be altered, The idea — to use the words of Parliament — " of 
reforming the American governments," meant reducing them 
to abject dependence, and keeping them too weak for revolt. 
In 1765 the Stamp Act was passed, and it was met with indig- 
nation and alarm through every village on the Atlantic coast.. 
Meetings of the people were held, and indignation found vent 
in words. As a result of this feeling, expressed not only in 
general by the people, but given as the public voice by the 
action of the several Legislatures, the Stamp Act was re- 
pealed, but the very act of repeal was coupled with the 
assertion, that the English Government had unlimited power 
over the Colonies, if it chose to exercise it. The repeal of the 
Stamp Act was received with joy, but the assumption of un- 
limited power was met with scorn. In 1767 duties were 
imposed upon glass, paper, paints, and tea, and extraordinary 
measures taken to enforce the collection. The Legislatures of 
Massachusetts and Virginia protested against the action of gov- 
ernment, and as a result, a very general compact was made 
that no goods should be imported from England, except a 
few of the most necessary. In 1770 the duties were rescinded 
on every article named except tea. The same year, in some 
attempt to awe the people into submission, an affray took 
place in Boston between soldiers and people, and several of 
the latter were killed. The result was that the public mind 
was excited to- the highest point. The people refused to use 
taxed tea, and a Boston mob took all of that article found on 
board ship and poured it into the Bay. It was determined 

Questions. — What change was proposed in the governments of the Colonies-? 
When was the Stamp Act passed?. How was it received? When was it repealed? 
What did Parliament assume ? What duties were imposed in 1767? What waa 
done in reference? What was the resolve of the people? When were the duties. 
;-&8oinded? What article was exeepted? What affray occurred, and what was tlio 
result? What was done with the tea? 



HISTORY AND GOVERNMENT. 99 

to punish Massachusetts into submission, but the other Colo- 
nies made common cause with her, and the Legislature of 
Virginia proposed that a general Congress should meet, 
thenceforth, annually, to take measures to preserve the united 
interests of America. Massachusetts favored it and appointed 
delegates, and from thenceforward the Continental Congress 
became the moving power of the colonies, and its formation 
the initiative of a Union that we trust will be immortal. The: 
English Government persisted to the last in imposing and! 
enforcing taxation upon these distant subjects, who,, while 
cherishing a deep-seated love for father-land, claimed that 
taxation without representation was injustice. Step by step 
did this people become weaned from an allegiance of which 
at first they were proud, and at last, when they were driven 
to assert their rights and maintain them, they found them as 
broad as the continent and bounded only by liberty. Weaned 
finally from all old ties, they adopted independence as a right 
and gave us freedom as a heritage. 

ACTION OF THE COLONIES. 

Situated upon the shores of a new continent, and separated 
from the old world by a dangerous ocean, the American Colo- 
nies, though covering a space varying from the cold of Maine 
to the summer clime of Georgia, settled by men of the most, 
varied character, and following the most diverse interests,., 
naturally became nearly allied in feeling, and bound together- 
by an exchange of products and reciprocity of trade. A jour- 
ney from Boston to Philadelphia involved in those days more*- 
consideration than is now bestowed upon a voyage from few 
York to the Pacific coast. The age of j>rogress had ©©m- 
menced, but the age of steam and electricity was not dimly 
shadowed forth, even to the great mind of Franklin. The 

Questions. — What was the action of the other colonics when England tried to 
subdue Massachusetts? By what State was a Congress proposed? .Why did the- 
Colonics refuse to he taxed? How came independence to be asserted? What were 
the relations of the colonies? What was the difference between that age and this^ 



100 ME AMERICAN SAFEGUARD. 

Colonies naturally stood by eacli other; and in all their oppo- 
sition to the action of England in oppressing them, they 
gained dignity and strength to assert their rights by culti- 
vating, a unity of purpose, so that their Legislatures acted 
in harmony in defining their rights and privileges. Common 
danger and common interest were a bond of union from the 
first. The most northern Colonies, as early as 1643, formed a 
league, offensive and defensive, which was declared perpetual, 
under the name of the United Colonies of New England. 
Those Colonies, with New York, Pennsylvania and Maryland, 
held a convention in 1754, which unanimously resolved that 
union of the colonies was absolutely necessary for their pres- 
ervation. In 1765, nine States sent delegates to a Congress 
held at New York, who digested a bill of rights on the sub- 
ject of taxation, In September, 1774, an association of 
twelve States was formed. In May, 1775, the thirteen States 
for the first time met at Philadelphia in a general Congress, 
which consulted upon measures for the common safety. At 
that time the complication of affairs with Great Britain 
assumed a most serious character. Trade with the mother 
..country was in great part suspended. Obnoxious articles, 
that were subject to taxation by act of Parliament, were 
driven from public use by universal scorn. The people 
leagued themselves against the use of tea, and the attempt to 
compel them to submission induced the " Boston Tea Party " 
to empty nearly four hundred chests of that article into the 
waters. of Boston Bay, which was a more emphatic than just 
remonstrance against the acts of the Government. The riot 
in Boston followed. No doubt the indignant citizens pro- 
voked the wrath of the exasperated soldiery, and were in 
•a .'measure blameable ; but oppression begets acts of violence, 

Questions. — What did the Colonies gain by unity? What was the common bond? 
What Colonies formed a leaguo in 1613? What was it called? What Colonies 
formed a convention in 1754? What did that Convention resolve? How many 
States met in 1765? How many States met in 1774? What protest did Congress 
■mxkc? What affray took place that spring between troops and people? 



HISTORY AND GOVERNMENT. 101 

and there are times when public indignation, just in itself, 
based on right and determined on being righted, long con- 
strained, asserts itself in outbreaks that may be in point of 
law unjustifiable, but are in point of fact the assertion of 
rigl its long denied — the spontaneous action of the common 
mind when patience has ceased to be a virtue. 

Union, then, became a necessity. Organization of action 
might secure success ; unorganized action must fail. So the 
Congress of 1775 met to make united protest againt the op- 
pressive measures of England. There were great minds 
among the delegates collected there, and they seriously and 
firmly proceeded to inaugurate great events. The month 
before its meeting, the British troops had marched on Con- 
cord, and the initiative of war had taken place at Lexington. 
War was upon them, and resistance determined on ; but that 
resistance assumed only to repel aggression, and did not con- 
template independence. The Congress of 1775 determined 
to organize an army, and appointed Washington Commander- 
in-Chief. A currency was established, measures taken to 
secure munitions of war, and to meet the expenses of conflict, 
A memorial was addressed to the Kino*, entreating a change 
of measures, and an appeal made to the people of Great- 
Brittain for aid, and showing the evils of separation. The 
leaven was working, but the thought of Independence was not 
yet. 

DECLARATION OF INDEPENDENCE. 

The petition to the King was unavailing, and at its second 
session in the same year, the Congress of 1775 proceeded to 
organize measures of resistance upon the land and upon the 
sea. A treasury department was created, and a postal ser- 
vice established. The King declared the Colonies in rebellion. 

Questions. — What did Congress determine? Who was appointed Commander- 
in-Chief? What other action was taken ! What did they send to the Kiug and 
people of Great Britain? Did the King yield? What action did Congress take? 
What did the King do? 



102 THE AMERICAN SAFEGUARD. 

Parliament interdicted all trade with the Colonies, and author- 
ized the capture and condemnation of all American vessels. 
The thought of independence was entertained, when these 
hostile acts showed plainly that no concession could be hoped 
for, and submission remained as the sole alternative. Con- 
gress made the 4th of July, 1776, the most famous day in the 
American calendar, by then adopting a Declaration of Inde- 
pendence ; and when we remember the greatness and power 
of England, whose armies were unequalled on the land, and 
whose fleets made her the proud mistress of the seas — when 
we view the arrogance of her King and the pride of her aris- 
tocracy, and know that a love of empire swayed all thia 
pride and power, we can somewhat appreciate the act of our 
fathers, who, loving freedom, dared all to sustain and preserve 
it. Their resolution was heroic, and they avowed it with the 
knowledge that failure would win each signer of that docu- 
ment a halter, while only success could bring them the liberty 
of life and action they desired. 

The people of the Colonies received the Declaration of 
Independence with enthusiasm. They stood ready to sustain 
Congress, and the work of enlisting for defense was com- 
menced in earnest. History tells us how the bells rang out 
the tidings, and it gives us the particulars of a struggle that 
lasted for many years and called out the heroism of a scat- 
tered people, few in numbers, occupying the shores of a 
continent, seemingly incapable of carrying on war, and offer- 
ing an easy prey to the invader. But in fact this very 
weakness was strength. These scattered colonies were too 
broad for tyranny to cover, and too united for despotism to 
subdue. The earliest fact impressed upon the general mind 
was the need of unity, and while the century of their past 
history had secured harmony of interests and community of 
feeling, the threat of war was sufficient to bind them in 

Questions.— What did Congress do on the 4th of July, 177G? Why should 
we appreciate this act? How was their action received? 



HISTORY AND GOVERNMENT. 108 

national oneness. The names of Franklin, Jefferson, Adams. 
Washington and many others, were born to greater fame than 
tails to common times, and were fit types of the nation to 
which that struggle gave birth. The heroism of the Nether- 
landers affords the only parallel of history, while they were 
resisting the worse than tyranny of Spain. George IIL 
offers a forcible comparison with Philip II., and Washington 
rivals the calm heroism of William of Orange. 

ARTICLES OF CONFEDERATION. 

In 1777 Congress adopted Articles of Confederation and 
Perpetual Union between the States," and the title adopted 
remains to this day, The United States of America. Each 
State had one vote in Congress, which was cast by a majority 
of its delegates, and the number of delegates from different 
States ranged from two to seven. These articles were sub- 
mitted to the States — they were no longer Colonies — and 
immediately ratified by most of them. Maryland was the 
last to assent, in 1781, near the close of the war. Most of 
the States had formed new Constitutions, and owing to the 
hesitancy and objections of New Jersey, Delaware and Mary- 
land, the Articles of Confederation were not immediately 
ratified, amendments being proposed by the States above 
named, and for a long time insisted upon. The difficulty 
of framing a plan that should give general satisfaction was 
inevitable, and the lapse of a few years proved that the objec- 
tions urged were not without foundation ; but the Confedera- 
tion was at length agreed upon, just before Parliament, in 
1782, had authorized the King to negotiate a peace, for 
which purpose commissioners of the different countries met 
in Paris. The result of the war was to make the United 
States a free nation, and peace was secured upon that condi- 



. Questions. — When were Articles of Confederation adopted? What name was 
adopted ! How many votes had each State? For what purpose did commission- 
ers meet in Paris? What was the result? 



104 THE AMERICAN SAFEGUARD. 

iion, after seven years spent in continual, and often unsuccess- 
ful, conflict. 

After peace was secured and independence achieved, the 
States remained for a number of years working, with more or 
less of harmony, under the Articles of Confederation. The 
powers of the Government were but limited ; the raising' of 
revenue was the individual act of the States — "Congress- had 
no voice in the matter ; it could apportion the amount needed 
among the States, and depend on them for its collection. The 
principle of union was weak ; for thirteen independent States^ 
loosely joined together, oifered continual obstacles to the 
workings of Government, and continual delays in the contri- 
bution of revenue. As a consequence, the public treasury 
remained empty, public credit was shaken, the public bur- 
thens increased, and the interest on the public debt remained 
unpaid. 

The Confederation did not meet the idea of Union, nor 
was it suited to the necessities of the period. Dissatisfaction 
became general, for foreign and domestic commerce needed 
regulating ; the powers of Government needed to be defined, 
and means of public revenue were indispensible. As time 
passed on, difficulties arose in providing governments for the 
regions filling up west of the Alleghanies, and the expedients 
proposed for amending the Articles of Conferation having 
utterly failed, although many had been suggested, the 
States finally agreed that a convention should meet, to effect 
a more extensive revision of the Articles of Confederation. 
Some such course was imperatively demanded. At home, 
internal commotion was a consequence of evils against which 
no provision could be made. The uncertain state of trade 
was due to the fact that while all nations heavily taxed 
the products of America, under the Confederation, Con- 

Questions. — How was the Government of the United States conducted after the- 
war? How was revenue raised ? What was the cause of difficulty ? What is said 
of the state of things at that time ? What was finally determined on ? 



HISTORY AND GOVERNMENT. 105 

gress had no power to lay a duty on foreign goods. Shay's 
rebellion, in Massachusetts, was one effect of this state of 
things. There was a prevailing want of confidence through 
the States. Justice w T as obstructed in some parts, and bank- 
ruptcy stared the nation in the face. 

"While this was the condition of things at home, we were 
not respected abroad. Foreign powers recognized that our 
union was insecure and our nationality a farce, and as a con- 
sequence declined to show respect for our rights, or regard 
for their treaties. 

The Constitution of the United States came as the result 
of this experience. Time had demonstrated that unless some 
more perfect government was devised than was attained by 
the Articles of Confederation, there would soon be no Gov- 
ernment, but instead, anarchy would mock the dear-bought 
hopes of liberty. 

FOOTPRINTS OF THE AGES. 

It was ordained that a great and free nation should in 
time be planted upon the shores of the Western Continent, 
and that the ancient dynasties which had ruled the world 
by terror, which had added religious creeds to political 
cal tyranny, and throned dogmas of belief at the right hand 
of sovereignty, should yield respect to the principles of lib- 
erty, and should learn lessons of wisdom from men of the 
people. 

" The mills of the Gods grind slowly.'' The eternal de- 
crees were written down more than a century before, and the 
events of passing generations slowly wove the woof of fate, 
and circumstances were silently knit together to make a man- 
tle for Liberty when the hour should come. Oppression 
drove free thought to seek these shores to find room for its 

Questions. — What was the condition of public affairs that made such a conven- 
tion necessary? In what state did a rebellion take place? Were the States 
respected abroad ? To what had the events of more than a century tended ? What 
did the colonists, of all varieties of character, possess in common ? 
15 



106 THE AMERICAN SAFEGUARD. 

exercise. Puritan and Cavalier, sturdy Dutch and zealous 
Huguenot brought hither, and cultivated in the minds of their 
defendants, an independence that grew stronger in the free 
air of the wilderness. They who never dreamed of the excess 
of thrall that had been their birth-doom, wondered to find 
that man could be free, and having tasted once the blessings 
of partial emancipation, found oppression intolerable. Thus 
despotism drove away from its presence the free mind that 
asserted itself even in banishment, until it grew to be a terror 
to monarchists. Had the colonists been permitted to enjoy 
some show of rights and yield their respectful homage and 
fealty in return, no revolution would have occurred; but they 
were destined to be driven step by step to lose affection for 
the mother land, and drawn imperceptibly towards indepen- 
dence. Reluctantly they were forced to revolution ; confed- 
eration became a necessity, and the experiment of freedom — 
so new to the world — was undertaken, to learn that perfect 
freedom, to be consistent, must be based on perfect organiza- 
tion and mutual trust. 

The long years passed in the throes of revolution had not 
been lost, for the exigencies of the times had produced mind 
and cultivated patriotic feeling. Selfishness had been taught 
a lesson of humility. The national spirit had been tempered 
to appreciate the necessity of union, and was willing to secure 
it by compromise. The Convention which met to revise the 
Articles of Confederation, found the task impracticable, and 
assumed a greater one — one never equaled in the annals of 
history, and for which the current of mighty events had 
scarcely prepared them. The presiding genius of its councils 

Questions.' — What was the effect on them of a partial taste of freedom? In 
driving them away from the old world, what did despotism aid in creating ? Did 
the colonies aim at independence at first ? How were they driven to it? What 
was found necessary to their success .after freedom was attained? For what had 
the experience of revolution and confederation prepared them ? Did the Conven- 
tion fulfill the duties for which it originally assembled? Who presided over its 
deliberations? 



HISTORY AND GOVERNMENT. 107 

was the grand, calm soul of Washington. The finest minds 
developed by that wonderful decade were gathered around 
him. The genius of Hamilton swayed it. The philosophy 
of Franklin was felt in it ; for even during those troublous 
times, his fame as a philosopher and statesman had made an 
unequalled impression on the age. Madison and Randolph, 
Sherman and Ellsworth, Pinckney and Rutledge, Morris and 
Hancock, were among the many names that spoke the wisdom 
of an assemblage whose herculean task it was to build an 
eternal altar to Liberty, and to secure for all time to their peo- 
ple constitutional guarantees and political union. The questions 
to come before it were most complicated. Diversified inter- 
ests presented themselves, and continual antagonism was to be 
reconciled. Then, as since, the IS'orth and South made op- 
posing claims. Then, as since, the question of slavery was a 
gordian knot, which at last only the sword has been able to 
cut. The smaller States demanded equal representation, and 
the larger demanded representation according to their 
strength, and for four months the work proceeded, often with 
vehement action, but always with a spirit of compromise dis- 
arming and defeating discord. 

ACTION OF THE CONVENTION. 

The first question that arose was in relation to the amend- 
ment of the Articles of Confederation. Some of the delegates 
were instructed only to amend, but a majority considered the 
plan of confederation radically defective, and favored the 
formation of a new government, consisting of supreme execu- 
tive, legislative, and judicial departments. Some of the del- 
egates declined to act after this plan was determined on, 
deeming their instructions imperative, confining their duties 
to amendment of the plan of confederation. Randolph, of 

Questions. — What great philosopher was a member of it? What was the task 
before them? What were the differences to be reconciled? What spirit ruled 
its action? What was the first question decided? How did some members view 
their instructions? What did they do? 



108 THE AMERICAN SAFEGUARD. 

Virginia, offered a series of fifteen resolutions, containing the 
outlines of what was termed the Virginia plan, by which the 
voice of each State should be proportioned to the taxes paid, 
or to its free population, the legislature to consist of two 
brandies, one chosen by the people, and the other chosen by 
the members of the first, the two bodies to possess general 
legislative powers, and the power to coerce imdutiful States. 
The National Executive was to be chosen by this National 
Legislature. The lines of party were immediately drawn. 
The jealousy of the smaller States was aroused. The doctrine 
of States' rights was stoutly maintained by them, and it was 
insisted upon that the representation of individual States 
should be equal, to preserve the weaker from being overridden 
by the votes of the stronger. They also deprecated a cen- 
tralization of power in the National Government. The New 
Jersey plan differed materially from this. The Executive 
power was to be vested in several persons chosen by Congress, 
and empowered the Legislature to collect custom dues on 
importations, to regulate trade, and establish stamp and post- 
age taxes. The New Jersey plan was rejected. An exciting 
and protracted debate took place, and events seriously threat- 
ened the breaking up of the convention. A committee of 
conference was appointed, with one member from each State, 
and as a result of their deliberations it was recommended that 
one* house should express the equal voice of the States, and 
the other be composed of representatives, apportioned to the 
ratio of population. This plan met with general favor. A 
strong contest followed in adopting a ratio of representation, 
which involved the question of slavery, and covered almost 
the entire ground taken by the agitation of that subject since 
that time. The South claimed that the slaves should be 

Questions. — What was the nature of the propositions contained in the Virginia 
Resolutions? What did the smaller States claim? What was the New Jersey 
plan? What was done with this plan? What was threatened? How was the 
breaking up of the Convention avoided? What was proposed as a compromise ? 
What was the next matter of contest? What did the South claim? 



HISTORY AND GOVERNMENT. 109 

enumerated. The JNTorth resisted, and protested that the 
slaves were property, and not citizens; a compromise being 
finally effected upon the basis of an enumeration of three- 
fifths of the slave population, in the ratio of representation, 
and the levying of taxes. 

COMPROMISES OF THE CONSTITUTION. 

The formation and adoption of the Constitution was based 
on three great compromises. The first was the concession to 
the smaller States of an equal representation in the Senate ; 
the second allowed the slave States to count three-fifths of their 
slaves in determining the ratio of representation ; the third 
was termed by Gonverneur Morris a " bargain n between iNew 
England, with its commercial interests, and South Carolina, 
which insisted on the continuance of the slave trade as a sine 
qua non. for the adoption of the Constitution. Eew England 
demanded that Congress should have power to protect her 
commerce, and Georgia and Carolina declared that they must 
have slaves to stock their plantations. So the slave trade had, 
in the Constitution, a lease of twenty years existence. The 
history of the Constitutional Convention, shows that the ex- 
citing topics of debate, and the differences that threatened to 
bar the hopes of that generation, were the same as those that 
have since arisen, magnified in importance, often fed by pas- 
sion and increased by prejudice, rocking the nation to its cen- 
ter, as the surges of popular feeling have been manifested. 
But while time has proved the exciting importance, and 
irreconcilable nature of those opposing interests, it has singu- 
larly demonstrated the wisdom of the assemblage which devel- 
oped a system that has been the subject of eulogy by Web- 

Qtjestions. — How was" the question of counting slaves finally decided? How 
many compromises were involved in framing the Constitution? What was the 
first? What was the second ? What did New England demand? What did Car- 
olina and Georgia make essential to their acceptance of the Constitution? How 
was that finally compromised? What does the history of that Convention show? 
What has time proved ? 



110 THE AMERICAN SAFEGUARD. 

ster, that received the love and admiration of Clay, and has 
withstood the teachings of sectional men and the shock of 
many a stricken field. It is really wonderful how so much 
wisdom was combined in a single effort, and we contemplate 
the workings of Government for eighty years to realize that 
no essential change has ever been proposed, that the changes 
made by the adoption of amendments have in no manner 
affected the plan of government originally provided, or less- 
ened the respect we deservedly entertain for the wisdom of 
its founders. 

The Constitution bears date September 17, 1787. Dela- 
ware, Pennsylvania and New Jersey adopted it the same fall. 
Enough States ratified it the following year to give it effect. 
In Massachusetts, Virginia and New York it was adopted by 
a close vote, after a very exciting opposition. North Carolina 
and Rhode Island did not present their acceptance to Con- 
gress until 1790, more than a year after Washington had been 
inaugurated as the first President. 

ACTION OF THE STATES IN ADOPTING THE CONSTITUTION. 

The following is the order and manner of the ratification of 
the Constitution by the different States : 

The first State which ratified the Constitution was Dela- 
ware, which did so on the 7th December, 1787 — without 
condition or the recommendation of an amendment. 

The second was Pennsylvania, which, in like manner, 
without any declaration or recommendation, ratified it on 
the 12th of December, 1787. 

The' next was New Jersey, which ratified on the 18th 
December, 1787, as is declared in their ratification, by the 
unanimous consent of all the members. 

, Questions. — Have essential changes been made in the Constitution during the 
last eighty years? What is the date of the Constitution? How many States had 
to ratify ft to give it effect? When did Delaware ratify the Constitution? When 
did Pennsylvania? When did New Jersey ? 



HISTORY AND GOVERNMENT. Ill 

The fourth was Connecticut, which likewise ratified with- 
out any declaration, on the 9th January, 1788. 

The next was Georgia, which ratified, without condition or 
resolution. 

The sixth was Massachusetts. In the convention of this 
State, there was much opposition to the Constitution, and at 
first a majority against it. In consequence of this, it was 
finally ratified with the declaration of the convention, that in 
their opinion, certain amendments and alterations were neces- 
sary to remove the fears, and quiet the apprehensions of many 
of the good people of that commonwealth. 

The amendments recommended were as follows, viz : 

1. That it be declared that all powers not expressly dele- 
gated by the Constitution should be reserved to the several 
States, to be by them exercised. 

2. That there should be one representative to each thirty 
thousand persons, until the whole number of persons amounted 
to two hundred. 

3. That Congress should not exercise the power of making 
regulations for electing members of Congress, unless the States 
neglected to make such regulations, or make them subversive 
of a free and equal representation. 

4. That Congress do not lay direct taxes, but when the 
funds arising from impost and excise are insufficient, nor then 
till they have first made a requisition on each of the States for 
their quota, and the States have neglected or refused to pay 
their proportion. 

5. That Congress erect no company of merchants with ex- 
elusive advantages. 

6. That no person be tried for a crime, or suffer an in- 

Questioxs. — When did Connecticut ratify the Constitution? When did Georgia? 
When did Massachusetts? What amendments did that State recommend relative 
to State powers? — relative to the number of Representatives in Congress? — relative 
to the election of members of Congress being regulated by Congress ? — relative to 
direct taxes ? — relative to commercial monopolies? — relative to indictment for crime? 



112 THE AMERICAN SAFEGUARD. 

famous punishment, or loss of life, except in the military, or 
naval service, without indictment by grand jury. 

7. The United States Judiciary shall have no jurisdiction 
of causes between citizens of different States, unless the mat- 
ter in dispute extend to $3,000, nor the judicial power extend 
to actions between citizens of different States when the matter 
is not of the value of $1500. 

8. In civil actions between citizens of different States, 
issues of fact at common law shall be tried by jury, if the par- 
ties request it. ■ 

9. Congress shall not consent, that any person holding an 
office of profit or trust under the United States shall receive 
any title or office from a king, prince, or foreign state. 

With the recommendation of these amendments, Massachu- 
setts, after great opposition, ratified the Constitution, on the 
7th of February, 1788. 

It will be seen in the Coustitution, that the sixth recom- 
mendation in relation to indictments is imbodied in the fifth 
amendment to the Constitution, and that the eighth recom- 
mendation is included in the seventh amendment. With the 
exception of these two, none of the recommendations were 
ever adopted. 

The seventh State to ratify the Constitution was Maryland. 
This was done without any collateral resolutions, on the 28th 
of April, 1788. 

The next was the State of South Carolina, which ratified 
on the 23d of May, 1788. Accompanying their recommenda- 
tion also, were several resolutions, the substance of which is 
as follows, viz : 

1. The first resolution was the same as the third of Massa- 

Questions. — What amendments did Massachusetts recommend relative to the 
judiciary of the United States? — relative to trial by jury ? — relative to titles from 
foreign powers ? What recommendations were afterwards adopted? When did 
Maryland ratify the Constitution? When did South Carolina? Did Carolina 
make recommendations? Were they different from those made by Massachusetts? 






HISTORY AND GOVERNMENT. 113 

chusetts, in relation to the power of Congress to regulate the 
elections of its members. 

2. The second was the same as the first of Massachusetts, 
in relation to the powers not expressly granted. 

3. The third was the same as the fourth of Massachusetts, 
in relation to direct taxes. 

4. The fourth was a verbal criticism on the third section 
of the sixth article. 

5'. The fifth made it a standing instruction to the dele- 
gates from that State to endeavor to have these alterations 
made. 

None of these proposed amendments were ever made. 

The ninth State which ratified, and which made up the 
number which was necessary to put the Constitution in oper- 
ation, was New Hampshire. This took place on the 21st of 
June, 1783. In the convention of this State, as in Massachu- 
setts, there was great opposition to the Constitution, and their 
ratification was accompanied with the following recommenda- 
tions. 

1. The first is the same as those of Massachusetts and 
South Carolina, in relation to powers not expressly delegated. 

2. The second is the same as the second of Massachusetts. 

3. The third, fourth, fifth, sixth, seventh, eighth and ninth 
alterations proposed are the same with the corresponding 
ones, proposed by Massachusetts. In fact, as far as the tenth, 
the New Hampshire propositions seem to have been a literal 
copy from those of Massachusetts. 

10. The tenth was, that no standing army should be kept 
in time of peace, without the consent of three-fourths of both 
branches of Congress, nor shall soldiers in time of peace be 
quartered upon private houses without the consent of owners. 

11. Congress shall make no laws touching religion, nor 
infringe the rights of conscience. 

Questions.— When did New Hampshire ratify the Constitution? Did this State 
propose amendments ? Were they different from those proposed by Massachusetts ? 
What ones differed? 

16 



114 THE AMERICAN SAFEGITARD. 

12. Congress shall not disarm citizens unless such as have 
been in rebellion. 

The latter part of the tenth alteration proposed is embraced 
in the third amendment to the Constitution. The eleventh 
is included in the first amendment to the Constitution. The 
twelfth is the second amendment. 

The tenth State in the order of ratification was Virginia 
which ratified on the 26th June, 1788. In this State, also, 
there was much opposition, and their ratification was accom- 
panied by a declaration of rights, in substance as follows, viz : 

That the people -may resume, the powers of government, 
when they are perverted and abused to their injury and op- 
pression ; that every power not granted remains with them 
and at their w r ill ; that no riyht can be cancelled, abridged, 
or restrained by Congress, the President, or any department 
or officer of the United States, except where the power is 
given by the Constitution for these purposes ; and that the 
rights of conscience and of the press cannot be so restrained, 
modified, or cancelled. 

This declaration contained the substance of many of the res- 
olutions offered bv other States ; and we shall see, in the course 

«/ " 7 

of this chapter, the portion of them which was adopted. 

The eleventh State adopting the Constitution was JSTew 
York. Their ratification was made on the 26th July, in the 
year 1788. It was accompanied by a long declaration of 
rights, and a series of proposed amendments. 

In addition to the amendments already proposed by other 
States, there were the following ; — 

That Congress should not impose an excise on any article 
of the growth, production, or manufacture of the United 
States. 

That no person should be eligible as President, Vice Presi- 
dent, or member of Congress, who was not a natural-born eit- 

QuKSTroNS. — When did Virginia ratify the Constitution? Wnat rights did 
Virginia claim! When did "New York ratify the Constitution? 



HISTORY AND GOVERNMENT. 115 

feen, or a citizen on the 4th of July, 1776, or held a commis- 
sion under the United States during the war, and became cit- 
izens subsequently, and who shall be freeholders. 

That to borrow money, or declare war, two-thirds of the 
senators and representatives present must concur. 

That the privilege of habeas corpus shall not be suspended 
for a longer time than six months, or until twenty days after 
the meeting of the next Congress. 

That the right of exclusive jurisdiction over ten miles square 
shall not exempt its citizens from paying the same taxes that 
■other citizens do, nor privilege them from arrest for crimes 
committed or debts contracted without the district, 

That the right of exclusive jurisdiction over certain public 
places shall not authorize Congress to prevent the operation 
of the State laws in civil and criminal matters, except as to 
persons in the employ of the United States, nor as to them, in 
respect to crimes. 

That the compensation of members of Congress be fixed by 
standing laws, and no alteration operate for the benefit of 
members making it. 

That the journals of Congress shall be published at least 
once a year, except such parts as may require secrecy ; that 
they shall keep their doors open ; and that two members may 
require the yeas and nays. 

That no capitation tax shall be laid. 

That no person shall be senator more than six years out of 
twelve ; that the legislatures may recall their senators and 
elect others. 

That no member of Congress shall, during the time for 
which he was elected, be appointed to any office under the 
United States. 

That the power of Congress to pass bankrupt laws should 
only extend to merchants and traders, and that the States, 
have power to pass other insolvent laws. 

That no person be eligible as President a third time. 



116 THE AMERICAN SAFEGUARD. 

That the Executive shall not grant pardons for treason with- 
out the consent of Congress, but may reprieve them till heard 
by Congress. 

That the President, or person acting as such, shall not com- 
mand the army in the lield unless by desire of Congress. 

That all letters patent, commissions, writs, c%c, should run 
in the name of " the people of the United States/' and be 
tested in the name of the President of the United States, or 
the first judge of the court out of which process shall issue. 

The Congress should constitute no inferior tribunals with 
appellate power, except such as are necessary for admiralty 
and maritime jurisdiction, and in other cases where the juris- 
diction is not original, causes shall be tried by the State courts, 
with a right of appeal to the Supreme Court. 

That the court for the trial of impeachment shall consist of 
the Senate, the judges of the Supreme Court, and the chief 
judge of the highest court in each State. 

That no judge of the Supreme Court shall hold any other 
office under the government of the United States, or any of 
them. 

That the militia shall not be compelled to serve out of the 
State for more than six weeks, without the consent of the leg- 
islature. 

None of these propositions were adopted, but taken in con- 
neciton with the amendments proposed by other States, they 
show what construction was, at the time, placed upon some 
of the most important clauses of the Constitution. 

The twelfth State which ratified the Constitution was North 
< Carolina, on the 21st of November, 1789. In this State, also, 
* there was great opposition, and. a resolution was passed de- 
- claring that a bill of rights should be annexed to the Consti- 
tution, and several amendments adopted. 

Questions. — Were the recommendations of New York adopted? When did 
North Carolina ratify? 



HISTORY AND GOVERNMENT. 117 

The ratification of iN~ew Hampshire, the ninth in order, 
was received by Congress on the 2d of July, 1788. They 
then appointed a committee to report an act to put the Con- 
stitution into operation. Under that act the Constitution went 
into operation on the 4th of March, 1789. It has been seen 
that North Carolina did not ratify till November, so that the 
first election of President was made by eleven States. 

Rhode Island was not represented in the Convention, and 
did not ratify the Constitution till the 29th of May, 1790, 
more than a year after it had gone into practical operation. 
The ratification was accompanied by a Declaration of Rights, 
and the recommendation of many amendments. They recom- 
mended nearly all the alterations proposed by other States, 
and the following additional ones : — 

That the judicial power of the United States, in which 
a State is a party, shall not extend to criminal prosecutions, 
nor to authorize any suit, by any person, against a State. 

That no amendment shall take effect without the con- 
sent of eleven States. 

That no person shall be compelled to do military duty 
without voluntary enlistment. 

That no standing army be kept in time of peace. 

These alterations were not adopted, except the one in 
relation to suits by individuals against a State, which isim- 
bodied in the eleventh amendment to the Constitution. 

THE PRINCIPLES OF GOVERNMENT. 

In a republican form of government, the sovereignty of 
course remains with the people. The most difficult ques- 
tion offered for the solution of the Constitutional Conven- 
tion was, How shall sovereignty be brought into immediate 

Questions. — When did the Constitution go into operation? What State was 
not represented in the Convention ? When did it ratify ? What additional recom- 
mendations did that State make? What most difficult question had the Conven- 
tion to solve ? 



118 THE AMERICAN SAFEGUARD. 

exercise ? and to whom shall the powers of government 
be committed? These questions involved the nicer points 
as to what checks should be imposed upon the different 
departments, and what guards thrown around the Consti- 
tution itself, to preserve it as well from the frantic efforts 
of revolution, as the deliberate cunning of the unscrupu- 
lous aspirant, who, having achieved popular favor, might 
hope by a coup &\ etat to usurp power, and pervert it to 
personal aggrandizement, or to the perpetuation of a .dy- 
nasty. Then, as now, the true safeguard of liberty was 
to be found in the patiotism and intelligence of the masses ; 
then, as now, there was little danger that a people who 
had been raised in the free air of America, combining the 
intelligent mind of the mother country with the freedom 
of thought peculiar to the new, could forget the hopes 
that formed their birthright, to permit the aims of ambi- 
tion to triumph when the efforts of tyranny had so signally 
failed. 

In creating these separate departments of government, 
the Constitution but conformed to great natural principles, 
and established a system which was a simple deduction 
from history. Government naturally resolves itself into 
the making of laws, the administration of justice accord- 
ing to law, and executive power must be exercised for the 
enforcement of law and the administration of justice. 
There were ancient States, where the people met in the 
forum to decide all questions. These were democracies, 
bounded by the limits and controlled by an ordinary town 
meeting. As democracies grew to be republics, the pop- 
ular voice found expression through representative assem- 
blies, which framed the nation's laws. Then courts were 
created to decide law and administer justice, and an 



Questions. — What points did these questions involve. When was the true safe- 
guard found? Into what does government naturally resolve itself? What is said 
of some ancient democracies? 



HISTORY AND GOVERNMENT. 119 

executive head was indispensible. The wisdom of the 
Convention was manifested in combining the powers Of 
government so that the perfection of human wisdom has 
developed no improvements thereto, and no essential point 
has proved defective in the light of experience. The 
normal condition of things has in some manner changed. 
The disturbing causes of a century since have remained 
elements of discord in the nation, and the Constitution 
has been changed to effect peculiar ends ; but the great 
principles of government, the idea of Union, have re- 
mained as firm as adamant 

CONGRESS, 

The popular branch of Congress has always contained 
the freest expression of the popular mind. Selected every 
two years, directly from the people, the House of Repre- 
sentatives always speaks the direct impulse of the masses, 
and possesses a full measure of the enthusiasm engendered 
by continual contact with the popular mind. The ratio of 
representation has increased, from one member to every 
thirty thousand until it is now fixed at one Representative 
for four times that amount of population. The principle 
of representation is, however, not effected by this change, 
as the full number of Representatives, were all the States 
admitted to participation, would be nearly three hundred, 
and a larger body would soon become too unwieldy for 
the transaction of the public business. 

Two Senators from each State compose the Senate. 
And as the equal voice of the people is heard in the lower 
House, the equal rights of the States are maintained in 
this. The Senate is one of the most dignified bodies in 
existence. Its members are chosen for a term of six 

Questions . — What, manifests the wisdom of the Convention ? For what purpose 
has the Constitution heen amended? What is said of the popular branch of Con- 
gress ? — what of the ratio of representation? Is the principie of representation 
affected ? How is the Senate composed ? 



120 THE AMERICAN SAFEGUAKD. 

years, and therefore may be supposed to act with less 
extraneous influences "brought to bear upon them, and 
with more individuality of character, than Representatives,, 
who, being elected for short periods, are naturally swayed 
by the passions of the hour. The Senators are elected by 
the Legislatures of the States in joint convention. As a 
class they have been men of more advanced age and ma- 
ture mind than the members of the House, which repre- 
sents the choice of the people given to the most popular 
and plausible aspirant, while the choice of Legislative 
assemblies naturally falls upon men of greater maturity 
of years and thought. The qualifications of a Represent- 
ative are that he shall be twenty-five years of age, and 
seven years a citizen of the United States, and an inhab- 
itant of the State he seeks to represent. 

A Senator must be thirty years of age, nine years a cit- 
izen, and an inhabitant of the State he represents. The 
Senate is divided into classes, so that the terms of one- 
third of the members will expire every two years. Each. 
Congress continues for two years, during which period, 
any bill originating in and passing one House, may be 
passed by the other. Each House is to judge the qualifi- 
cations of its members, and decide the validity of elections 
and returns in their cases. Each House establishes its 
rules and penalties for their infraction. Neither House 
can adjourn during a session without the consent of the 
other for a longer period than three days, or to any other- 
place. 

Members of Congress are privileged against arrest in 
ordinary cases, and guaranteed a freedom of debate. A 

Questions. — How are the Senators elected? What are the qualifications of 
Representatives? — of Senators ? How is the Senate divided into classes ! Who 
judges of the qualifications and elections of members of Congress? How long does 
each Congress last? Can either house adjourn separately? What privileges arc- 
accorded members of Congress ? 



HISTORY AND GOVERNMENT. 121 

member of Congress cannot hold any other office under 
Government. When a bill has passed both Houses of 
Congress by a vote of the majority of each, it must be 
submitted to the President for his signature before it can 
become a law. He possesses the veto power, and can 
return the bill, with his objections thereto, to the House 
where it originated. It can still become a law, if two- 
thirds of each House shall pass it over his veto. In case 
the President shall keep a bill in his possession for ten 
days (Sundays excepted) it becomes a law without his sig- 
nature, unless Congress has adjourned in the meantime. 

The veto power of the President extends to " every 
order, resolution or vote to which the concurrence " of 
both Houses is necessary. These also may be passed over 
his head, as in the case of a bill. 

We have shown briefly the character of Congress, the 
structure of the two Houses, and the relations they bear 
to the'President. To till the object of this work, it will 
be proper and necessary to recount the powers of Congress 
as laid down in the Constitution, and add such remarks as 
will make plain the meaning of the Constitution to every 
reader, and to render it suitable to the labors of the 
student. 

POWERS OF CONGRESS. 

Section 8, of Art. 1, of the Constitution says : 
" The Congress shall have power to lay and collect taxes, 
duties, imposts and excises; to pay the debts and provide 
for the common defense and general welfare of the United 
States ; but all duties, imposts and excises shall be uniform 
throughout the United States." 

Questions. — Can members hold other Government offices? By what process 
does a bill become a law ? What power does the President possess? How can a 
bill pass over his veto ? What else can the President veto ? Can the President 
nullify a bill by keeping it in his possession and not signing it? What powers are 
granted Congress to raise money, and for what purpose is money to be expended ? 
What is said as to uniform taxation ? 
17 



122 THE AMERICAN SAFEGUARD. 

This section provides for the raising of money for na- 
tional purposes, and specifies for what objects Congress 
shall have power to raise money, as well as by what means. 
It further requires that taxation, in whatever form, shall 
be uniform throughout the United States. The term 
"United States" has been decided by the courts to mean 
the whole national domain, and includes the Territories 
and District of Columbia as well as the individual States. 

Direct taxes are apportioned according to enumeration, 
and have only been laid four times in the history of the 
government, the last time being since the commence- 
ment of the civil war. The word duties includes the idea 
of taxation ; but it is usually applied to taxes required 
upon goods imported from foreign countries. The term 
imposts is only used in reference to dues paid upon im- 
ported goods. The term excises extends to licensing occu- 
pations, as well as taxation upon incomes, home products 
and manufactures, and has been used also to mean duties 
on importations. While the General Government depends 
upon other sources for revenue, the individual States, coun- 
ties and municipalities rely upon direct taxation almost 
exclusively. 

The power "to borrow money upon the credit of the 
United States" belongs also to Congress, as conferred in 
the same section. Such a power could not safely be 
entrusted to any other department, and its exercise is 
guarded by the fact that they are most immediately re- 
sponsible to the people. 

" To regulate commerce among foreign nations, and 
among the several States, and with the Indian tribes." 



Questions. — What does the term United States mean as here used? How are 
direct taxes apportioned? How many times have direct taxes heen laid? What 
is said of the word duties ? — what of imposts ? — what of excise ? Upon what source 
do the several States, counties and municipalities depend? What is said of the 
power to borrow money? — of the regulation of commerce? 



HISTORY AND GOVERNMENT. 123 

Commerce is one of the great sources of our nation's 
wealth, prosperity and greatness, and upon its proper reg- 
ulation depends, in a great measure, continuance of pros- 
perity. The Confederation failed, because Congress, under 
its articles, had not this power; therefore its necessity was 
appreciated. By its exercise we favor American vessels, 
by securing them the coasting trade — we compel the world 
to accord us fair terms, and also derive a large national 
revenue from duties laid upon importations. By this 
clause, the States conferred also on Congress the control of 
internal commerce, so that no State can restrict or prohibit 
trade with any other State. Government takes the Indian 
tribes under its care, and regulates trade with them when 
they are located on reservations. 

Naturalization is the process by which foreigners become 
citizens of any country. Congress has power " to estab- 
lish an uniform rule of naturalization," by which means 
persons not educated to our customs, and subjects of coun- 
tries where free government does not exist, are excluded 
from immediate participation in public affairs. " To estab- 
lish uniform laws on the subject of bankruptcy" also be- 
longs to Congress; in view, no doubt, of the fact that 
times of great commercial disaster sometimes arise, when 
it is both necessary and humane that those debtors, who 
surrender all their property to their creditors, should be 
relieved from their embarrassments and permitted to enter 
into new business engagements. 

Three "bankrupt acts" have passed Congress. The 
first in 1800, which viewed the debtor, according to 



Questions. — Had Congress this power under the Articles of Confederation? 
What do we now gain by it? What is naturalization ? What power has Congress 
concerning it? What is the effect of naturalization laws? What power has it in 
relation to bankruptcy? Why is legislation needed ! What law was passed con 
cerning it in 1300? 



124 THE AMERICAN SAFEGUARD, 

English precedent, in the light of a criminal. The com- 
mercial revulsion of 1837 induced the bankrupt act of 
1841, and the effect of the civil war has been to secure 
the act passed in 1867. These acts have been passed to 
meet emergencies that have arisen in the commercial 
world. The two first were soon repealed, and probably 
the last will not remain long in force. It does not seem 
to be as permanent, but an occasional policy that estab- 
lishes a system of bankruptcy, by which obligations are 
cancelled without equivalent. The present act shows a 
spirit of magnanimity towards the States which, having 
attempted rebellion and failed, have become financially 
impoverished, and require such assistance to enable them 
to again attain commercial prosperity. 

" To coin money, regulate the value thereof, and of for- 
eign coin, and fix the standard of weights and measures." 
By this clause a national coinage is provided — securing 
uniform currency, as well as a standard weights and meas- 
ures, both of which are essential to facilitate commerce 
and general intercourse between the States. 

" To provide for the punishment of counterfeiting the 
securities and current coin of the United States," which is 
necessary to protect both the government and its citizens 
from loss and imposition, and give confidence to the com- 
mercial interests. 

"To establish post-offices and post-roads.'.' This power 
has been exercised to facilitate communication and corre- 
spondence, until the post-office system has become almost 
perfect, and also self-sustaining, or nearly so. The most 

Questions.— What is said of the bankrupt act of 1841 ?— what of that of 1867? 
Is there an established system concerning bankruptcy? What is said of the pow- 
ers of Congress to punish counterfeiting? — to establish post-offices and post-roads? 



HISTORY AND GOVERNMENT. 125 

distant regions of the national domain are included in the 
postal service with excellent results. 

" To promote the progress of science and useful arts, by 
securing, for limited times, to authors and inventors, the 
exclusive right to their respective writings and discoveries." 
The laws passed in consequence of this clause, have pro- 
tected inventors and authors to such advantage that, in the 
mechanical arts, America has attained the first rank; and 
its literature is growing into world-wide appreciation, 
though necessarily more restricted than that of a few older 
nations, whose institutions, founded for many centuries, 
afford more scope for literary display than can be culti- 
vated by the utilitarian ideas of the new world. 

" To constitute tribunals inferior to the Supreme Court.'' 
In accordance with, this provision circuit and district 
United States courts are held in every State and Territory. 

"To define and punish piracies and felonies committed 
on the high seas, and offences against the laws of nations." 
The sea is the great highway of all the nations. Each is 
present then under its flag and has jurisdiction of crimes 
committed under it. The law of nations makes piracy an 
offence, and also violations of safe conducts and passports, 
and any infringement on the rights of foreign ministers. 

" To declare war, grant letters of marque and of repri- 
sal, and also make rules concerning captures by land and 
water." It was proper that Congress should have this 
power, as they would have to provide the means to carry 
on war ; besides which, such momentous questions should 
be decided by the immediate representatives of the people. 

Questions. — What is said of inventors and authors? What has been the effect 
of l,i,'. for their protection? V hat tribunals eould Congress constitute? What 
is said about piracy? What is said of the law of nations? Where is found the 
power to declare war? V hy does it properly belong to Congress? 



126 THE AMERICAN SAFEGUARD. 

In the same connection, Congress should have power 
" to raise and support armies, to provide and maintain a 
navy, to make rules for the government and regulation of 
the land and naval forces," as well as to regulate and con- 
trol the militia of the whole Union. 

Congress has exclusive legislation concerning a region 
originally ten miles square, known as the District of Co- 
lumbia, within which are the Qiiy of Washington and 
the national Capitol. Over this District Congress has 
exclusive legislation, by which means it is independent of 
State assistance to insure its own protection from any 
threat of violence. Congress also controls the grounds 
whereon are located forts, arsenals and public buildings of 
the United States. 

The last clause of Section 8 of the Constitution gives 
Congress the general power to make laws consistent with 
the powers granted, and for their enforcement, and to 
enforce "all other powers vested by this Constitution in 
the Government of the United States, or in any depart- 
ment or office thereof." The specific declaration of pow- 
ers granted would have come far short of the occasions 
certain to arise in the history of the nation, requiring 
Congressional action, and this last clause was important 
as enunciating plainly that the powers of Congress must 
be more extensive than they could possibly recount. Con- 
gress therefore possesses power to put the Government in 
motion and to carry it on through any general emergency, 
so long as its action does not contravene the express or 
implied terms of the Constitution. 

Questions. — What is said of the power of Congress in connection with the army? 
— navy? — militia? — of the District of Colombia and lands occupied by Govern- 
ment? What general powers are conferred in the last clause of section 8 of tho 
Constitution ? Would the specific powers recited have been sufficient? What im- 
plied powers does Congress possess concerning the Government? 



HISTORY AND GOVERNMENT. 127 

RESTRICTIONS ON THE POWERS OE CONGRESS. 

Section 9 of Article 1 of the Constitution recites certain 
restrictions upon the powers to be exercised by Congress. 
The first, though carefully worded, applies to the African 
slave trade, the continuance of which, we have seen, was 
demanded by Georgia and South Carolina, as a condition 
to their acceptance of the Constitution ; which concession 
was made by compromise with the commercial interests 
of New England, for a period of twenty years — that dur- 
ing that time the Southern plantations might sqcure an 
abundant supply of labor, while Congress had the power 
to protect the commerce and shipping of New England 
from foreign rivalry. The clause referred to, provides 
that: "The migration or importation of such persons as 
any of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the year 
one thousand eight hundred and eight, but a tax or duty 
may be imposed on such importation, not exceeding ten 
dollars for each person." 

The second clause is: u The privilege of the writ of 
habeas corpus shall not be suspended, unless when in 
cases of rebellion or invasion the public safety may require 
it." This writ, and the power to command it, secures the 
privilege of personal liberty to every citizen, and guaran- 
tees an examination by the courts into the cause of any 
confinement or detention of any citizen, ifheld by author- 
ity of law, or otherwise restricted of liberty. The writ of 
any court may thus be revised by a superior court. The 
confinement of any person, as being insane or unwell, may 
be examined into. The person of any child or ward may 



Questions. — What does Sec. 9 of Art. 1 of the Constitution recite? What is 
the first restriction ? What is said of the slave trade ? What is the clause con- 
cerning the writ r\f habeas corpus? What does this writ secure? How does the 
writ operate? 



128 THE AMERICAN SAFEGUARD. 

be released from unjust control or guardianship, as the 
courts can compel any person to appear before them, and 
bring the person so confined; and in cases of any unlawful 
restraint or detention whatsoever, the courts can secure 
freedom or proper care to such person. In time of war, 
military necessity is supposed to be paramount. The na- 
tion's existence may be at stake, and the suspension of 
the writ of habeas corpus may be inexorably demanded 
by the public emergency ; for then the forms of law 
hinder the progress of armies and the acquisition of needed 
intelligence. War is ruthless. Ameliorated as it is, by 
the advancement of humanity, it still allows no forms of 
justice to bar the passage of armies ; therefore the Consti- 
tution provides, that in times of rebellion and war, mili- 
tary law may become paramount, but military officers are 
held strictly accountable for the unjust and unreasonable 
exercise of power. The suspension of the writ of habeas 
corpus cannot be justified when affecting a region outside 
the theater of military operations. There was much 
question and debate as to the manner of its suspension 
during the late civil w T ar. 

" ]STo bill of attainder or ex post facto law shall be 
passed." A bill of attainder is a legislative act by which 
summary punishment is visited upon guilty persons, with- 
out trial or conviction by course of judicial proceedings. 
It is practiced in monarchical governments, but is not con- 
sistent with free institutions, and so is distinctly prohib- 
ited. An ex post facto law is intended to retroact, or 
punish acts committed before its passage, and not criminal 

Questions. — When can the writ be suspended? What reason is given for this? 
What is said of the nature of war? What does the Constitution provide in cases 
of military emergency? What is a bill of attainder? — where is it in use? — is it in 
use here? — why not? What is the effect of an ex post facto law? — what is said 
of it? 



HISTORY AND GOVERNMENT. 129 

when performed. Such a law would be very inconsistent, 
and is therefore prohibited. Any law, criminal or other- 
wise, calculated to change or affect past transactions, is an 
ex post facto law. 

u l$o capitation or other direct tax shall be laid, unless 
in proportion to the census or enumeration herein before 
directed to be taken." This clause simply conforms to 
the provision relative to taxation, recited in the powers 
granted Congress, and virtually repeats that three-fifths of 
the slave population shall be counted in the levying of 
direct taxes. 

The next clause secures the exportation of home pro- 
ducts from being taxed, and provides perfect freedom and 
equality in the commercial relations of the different States, 
a condition natural and necessary to harmonious union of 
the States. 

"]STo money shall be drawn from the treasury, but in 
consequence of appropriations made by law ; and a regu- 
lar statement and account of the receipts and expenditures 
of all public money shall be published from time to time." 
Necessary guards are thus thrown around the treasury, and 
the public money protected from executive encroachment 
or official misuse. The publication of facts concerning the 
national finances accords the people a proper knowledge 
of the resources of the Government and of the disposal 
made of their property. 

Titles of nobility are held inconsistent with republican 
simplicity, and are properly prohibited. A high sense of 

Questions. — What is said relative to capitation tax ? Is the exportation of home 
products taxed ? Are the commercial privileges of the States free and equal ? How 
can money be drawn from the treasury? What is said concerning this clause? 
What >s said of the publication of facts concerning national finances? — what of 
Cities of nobility ? 

18 



ISO THE AMERICAN SAFEGUARD. 

honor demands that no officer of Government shall accept 
gifts or honors from foreign powers. Several instances 
have occurred where valuable presents have been made to 
officers, but they have not been retained by the intended 
recipients. 

RESTRICTIONS OP STATE POWERS. 

Section 10, of Article 1, of the Constitution, restricts 
State powers as follows : "No State shall enter into any 
treaty, alliance or confederation," as in such matters the 
General Government acts for all and by general consent. 
Nor shall they "grant letters of marque and reprisal " — 
powers incident to the right to make war, nor " emit bills 
of credit," which would amount to creating a currency of 
State promissory notes, nor "make anything but gold and 
siver coin a tender in payment of debts." The power of 
creating a legal tender remains with Congress, and has 
been extensively exercised during the war. ISTor "pass 
any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, or grant any title of nobility." 
Laws "impairing the obligation of contracts" may pass 
Congress, as in case of a bankrupt law. Such a law may 
•be enacted by States, also, to take effect on cases arising 
after its passage, because contracts would be made in view 
of the law and would not be impaired by it, but would be 
regulated by it. The remaining restrictions contained in 
this clause are of powers forbidden to the Congress as 
well as to the States, as being unjust in principle and un- 
safe in practice. 



Questions. — Can officers receive presents from foreign powers ! Why cannot a 
State enter into a treaty, alliance or confederation ? — what powers beside are pro- 
hibited to the States? Can Congi-ess pass bankrupt acts? Under what circum- 
stances can a State do so? 



HISTORY AND GOVERNMENT. 

The foregoing review of the powers granl 
gress, and the restrictions laid by the Constitu 
powers both of the Congress and the States, tl 
has been introduced with the hope of explaining to the 
reader and student the meaning of every phrase made 
use of, as well as to interpret from concurrent history the 
intention of the framers of the Constitution, as expressed 
in that instrument. Upon the constructing of these 
powers, great minds have expended themselves. The* 
greatest intellects of the age have become its expounders, 
frequently differing in conclusions ; and the idea o-f this? 
treatise does not contemplate statements of Constitutional 
law, but offers history and such simple explanation a&-. 
history can safely warrant. 

ELECTIVE POWER. 

Article 11 of the Constitution relates to the national 
executive, denominates his title, states the manner of his 
election and qualification, and recites at length his duties 
and privileges. Under the Confederation, the necessity of" 
an executive head was very severely felt, and the questions 
that arose in determining the manner of his election, the- 
power with which he should be entrusted, and the length 
of his term of office, were various and complicated. Jk 
was finally decided that the choice of the chief magistrate 
should be committed to an electoral college, composed' off 
as many members as there were Senators and Representa^- 
tives in Congress. These were to be chosen by the people, . 
each State sending as many as it had members in either 
House of Congress. The manner of electing these was 

Qukstions. — Was there an Executive under the Confederation? What were the 
difficult questions relative to the President? Who choose the President and Vic<s- 
President ? Who choose the electoral college? — how are they chosen ? 



H§2 THE AMERICAN SAFEGUARD. 

to be decided by the State Legislatures. In South Caro- 
lina the Legislature itself has always chosen the electors, 
while in the other States they have been chosen at general 
elections, in the same manner as State officers and Repre- 
sentatives in Congress. The idea expressed in the Con- 
vention was, that a general election, held throughout the 
nation, would often be accompanied by great and danger- 
ous excitement. The electoral college was provided as a 
medium through which the election might be effected 
with quieter results. The idea that great political parties 
would exist ; that conventions would nominate candidates 
upon political platforms, and that the electors would act 
as the exponents of partisan feeling, seems not to have 
been entertained. It is a question often agitated, if the 
more republican form of effecting the Presidential election 
would not be to submit it to the direct vote of the people 
themselves. As a measure preventing popular excitement, 
the present plan fails to realize the intention of its fram- 
ers. But it cannot, in the light of events, be considered 
as in any particular sense objectionable. The result at- 
tained, would probably not differ under a more popular 
•system. Article XII. of the Amendments makes fuller 
provision for the election of President and Vice President. 
As amended, the Constitution requires that a majority of 
the electors shall agree upon the successful candidates, 
.and in case of failure of any candidate to secure such a 
majority, the election of a President shall devolve upon 
the House of Representatives, in which each State shall 



Questions. — Who decides the manner of their election? What opinions were 
expressed in the Convention? Did they anticipate our great political parties? 
What other course is suggested as more republican? Can the present plan be 
..called objectionable? Who elects the President, if the electoral college disagree 
and no one receives a majority vote? 



HISTORY AND GOVERNMENT. 133 

cast, through a majority of its Representatives, one vote. 
A quorum of all the States shall he present, and a majority 
of all is required to secure an election. Upon the Senate 
devolves the election a of Vice President, who is ex-officio 
President of that body, and in case the House fail to elect, 
the Yice President becomes President. The President and 
Yice President cannot be citizens of the same State. The 
persons balloted for by the House for President, or by the 
Senate for Yice President (in ease the election devolves upon 
them), must be the most prominent candidates who were be- 
fore the electoral college. 

A President or Yice President of the United States must 
be a natural-born citizen, and thirty-five years of age. Con- 
gress has power to declare what officer shall be President, in 
case anything occurs to vacate the offices of President and 
Yice President. The Executive is Commander-in-Chief of 
the Army and Navy, and possesses the power of reprieve and 
pardon of all offenders against the United States, except in 
cases of impeachment In conjunction with the, Senate, he 
has power to make treaties ; to nominate and appoint ambas- 
sadors, ministers, consuls, judges, and all the superior officers 
of the Government ; but Congress may vest the appointment 
of such inferior officers as they think proper in the President 
alone, the courts of law or the heads of departments. The 
President fills all vacancies in office, but unless confirmed by 
the Senate, the commissions granted by him expire at the 
close of the next session. 

The power of the President to remove officers of Govern- 
ment is not expressly defined in the Constitution, and has 

Questions. — How is it done ? Who eleets the Vice President in such a ease ? 
— how? Who is President of the Senate? — how? How do the Senate and Housk? 
of Representatives select candidates for President and Vice President? What 
qualifications are required for the President and Vice President? What power halt 
Congress in ease both offices become vacant ? Who commands the Army and 
Navy? What about the pardoning power? What powers do the President and 
Sonnte enjoy in common ! Who fills vacancies in office? 



134 THE AMERICAN SAFEGUARD. 

been disputed. Early writers, who were members of that 
Convention, argued that the consent of the Senate was as 
necessary to removal as to appointment. But this construc- 
tion has not been followed, and it has been the practice of 
Presidents to remove officers at pleasure. The evils of this 
system are manifest, as in many instances indiscriminate re- 
movals are made on merely partisan grounds, without waiting 
for the expiration of official terms. This practice has been 
carried to such great lengths as to amount to an abuse of 
the privilege, and the discussion of the subjec has been re- 
newed under circumstances of much excitement. Congress, 
in March, 1867, passed a tenure of office bill, over the Presi- 
dent's veto, by the terms of which, except in cases of misde- 
meanor or disqualification, every incumbent of office, which 
is not of limited duration, except Cabinet Ministers, shall 
hold the same until a successor has been appointed, confirmed 
by the Senate and duly qualified. The power of the Presi- 
dent to fill vacancies is defined by the Constitution. Except- 
ing in the case of Cabinet officers and judges, the President, 
when satisfied that officers have been guilty of official miscon- 
duct, or have become disqualified, can suspend them and 
transfer their duties to others ; but the Senate at its next 
session decides the question of suspension, and must confirm 
the new appointees. It is his duty to give Congress " inform- 
ation of the State of the Union," and to recommend measures 
to them : he can convene both Houses or either of them, or 
decide questions of adjournment in case of disagreement on 
their part ; he shall receive ambassadors and foreign ministers, 
and take care that the laws are faithfully executed, and com- 
mission all the officers of the United States. 

The power of impeachment and trial of the President, 

Questions. — When can the President convene Congress? What is said of the 
power of the President to remove federal officers ? What position did early writers 
take? Has that been the practice? What are the manifest evils? What action 
was taken by Congress in 1867? Give a statement of the tenure of office bill? 
What are the remaining duties of the President? 



HISTORY AND GOVERNMENT. 135 

Vice President, and all civil officers of the United States, for 
high crimes and misdemeanors, lies in Congress. The House 
of Representatives has the sole power of impeachment, and 
the Senate has the sole power to try cases of impeachment. 
When the President of the United States shall be on trial, 
the Chief Justice shall preside. 

The President wields immense power and patronage, and, 
in view of this fact, his term was not h'xed at a long period ; 
while in view of the necessity of experience and the danger 
of making too frequent changes of the Executive, the medium 
period of four years was decided on, and a prohibition entered 
against one person filling the position more than two consecu- 
tive terms. The office of President is guarded by many 
restrictions, and the wisdom of the Fathers of the Republic 
is not less manifest in this part of their work than in the 
remainder. 

THE SUPREME COURT. 

While all laws must pass both Houses of Congress and be 
submitted to the approval of the President before they can 
take legal effect, it remains with the Supreme Court of the 
United States to decide their constitutionality. When any 
case, arising under such a law, is taken from the inferior 
courts, and comes before the supreme tribunal upon a writ of 
error, their decision establishes the validity of the act or else 
pronounces its unconstitutionality. Therefore, this court pro- 
nounces the ultimatum of law, and sits as a judge of the 
constitutionality of the acts of Congress and the Executive. 
Its members are appointed by the President, with the consent 
of the Senate, and they hold their positions during good be- 
havior. 

Questions. — Where is the power of impeachment to be found? — how is it exei* 
eised? What is said of the term of office of the President? What tribunal de- 
cides the constitutionality of laws? How is that decision arrived at? In what 
capacity then does the Supreme Court act ? How are its members appointed ? 
How long do they hold office? 



136 THE AMEEICAN SAFEGUAED. 

Such a court did not exist under the -Confederation, and its 
necessity became apparent ; for with all the guards otherwise 
taken against improper legislation, it would still be almost 
impossible to avoid the enactment of laws that would be con- 
flicting and contrary to the spirit of the Constitution. The 
excitement of popular feeling could easily influence Congress 
and affect the President ; therefore the institution of a Su- 
preme Court, composed of men chosen for experience and 
legal attainment, representing the different divisions of the 
Union, and virtually occupying their positions for life, is the 
most perfect idea of a high national court. These men may 
be supposed to be removed by circumstances from the influ- 
ence of popular excitement ; they entertain no fear of re- 
moval from office ; their lives are devoted to the contempla- 
tion of great constitutional questions, and while the masses 
are swayed by the excitement of the hour, they, with the 
light of history to guide them, and the action of the great 
minds of the past in remembrance, decide according to the 
Constitution, as their life efforts realize it. Human wisdom 
seems to have excelled itself in the formation of our Supreme 
Court, but complaint has been made that the perfection of 
the plan is not realized in the result. Judges are appointed 
by partisan Presidents, and confirmed by party majorities in 
the Senate. They naturally have party views, and entertain 
habits of thought that induce more or less of prejudice. 
Under these circumstances, even the action of this Court is 
sometimes condemned by one party or the other, and its 
decisions attributed to political feeling. . This faet shows that 
human wisdom is incapable of perfection, while the Court 
remains, in the opinion of most, the highest perfection of law 
attainable. 



Questions. — Was there such a court before the Constitution was adopted ? What 
is said of its necessity ? What reasons exist for considering the Supreme Court an 
impartial tribunal? What is said of the wisdom of its formation? Is it said to 
be always free from prejudice? What docs this fact show? 



HISTORY AND GOVERNMENT. 137 

" In all cases affecting ambassadors, or other public minis- 
ters, and consuls, and those in which a State shall be a party, 
the Supreme Court shall have original jurisdiction," or in 
other words, suits relative to these subjects, can originate in 
the Supreme Court, as well as in the lower courts of the 
United States. The principal business of the Supreme Court 
is found in trials on appeal from the District and Circuit 
Courts. When the Constitution or laws of the United States 
come in question before the highest court of any State, and 
are there decided, a writ of error may be brought, the points 
of law involved be transferred to the consideration of the 
Supreme Court of the United States, and the decision of the 
State Court approved or reversed. 

THE OTHER FEDERAL COURTS. 

The jurisdiction of the federal courts is defined in Article 
III, Sec. 2, of the Constitution, as follows : 

" The judicial power shall extend to all cases in law 
and equity arising under this Constitution, the laws of the 
United States, and treaties made, or which shall be made, un- 
der their authority ; to all cases affecting ambassadors, other 
public ministers and consuls ; to all cases of admiralty and 
maratime jurisdiction ; to controversies between two or more 
States; between different States; between citizens of the 
same State claiming lands under grants of different States, and 
between a State or the citizens thereof and foreign States, citi- 
zens or subjects.'' 

The United States is divided into as many circuits as there 
are members of the Supreme Court. Two courts are annu- 
ally held in each circuit, composed of a Judge of the Supreme 
Court and a Judge of the District Court of the United States 

Questions. — What cases does the Constitution say can originate in the Supreme 
Court as well as in the lower federal courts ? What is the principle business of the 
Supreme Court? How are points of law decided? What is the jurisdiction of the 
federal courts, as laid down in the Constitution? How are the Circuit Courts 
arranged ? 



138 THE AMERICAN SAFEGUARD. 

where the court is held. There are also District Judges who 
hold District Courts, the Districts sometimes comprising a 
whole State, and the larger States being divided into several 
districts. 

The Circuit Courts have jurisdiction over all the causes 
enumerated in the Constitution. All these cases can origin- 
ate in the Circuit Court, while only a tew can originate in the 
Supreme Court, as we have shown. 

The Union is divided into as many circuits as there are 
Judges of the Supreme Court, and each has his circuit, where 
two courts are held each year by the Circuit Judge and the 
United States District Judge of the District where court is 
held. 

District Judges have jurisdiction over cases arising under 
laws for the collection of duties, and in cases of penalties and 
forfeitures under, and of crimes of an inferior grade against, 
the laws of the United States. The right of trial by jury is 
guaranteed throughout the United States by the Constitu- 
tion, and it also provides that no person shall be held to an- 
swer for any u infamous crime,*' unless " on a presentment or 
indictment of a grand jury, except in cases arising in the land 
or naval forces." So these courts have both petit juries and 
grand juries provided by action of Congress. 

TREASON. 

In the Constitution, treason against the United States is de- 
fined as " levying war against them, or in adhering to their 
enemies, giving them aid and comfort." In despotic govern- 
ments, treason used to consist of merely words spoken, threat- 
ening the monarch. In England any attempt upon the life 
of the King, Queen or heir-apparent is treason, and statutes 
exist declaring many acts to be treasonable. Our Constitution 

Questions. — What are the District Courts? What jurisdiction have the Circuit 
Courts? Who presides over the Circuit Courts? What jurisdiction have District 
Judges? What is said of trial by jury? — what of indictment by grand jury? 
What juries do the United States Courts have? How is treason defined in the 
Constitution ? 



HISTORY AND GOVERNMENT. 139 

explicitly defines it in one simple sentence. The reason why 
this is ?.o easily defined with us, is, that popular governments, 
where majorities rule, are not easily endangered by conspira- 
cies. Every sane man is able to defend himself agai/:sts him- 
self. So a people, participating in equal rights and privileges, 
can afford to treat with contempt or mildly punish acts that a 
despotism must fear. The sovereignty is with the people ; 
only the people can destroy it. During the past six years, we 
have seen that one-third of the States attempted to secede 
from this Union, and as they endeavored to accomplish it by 
making war against the United States, their act in so doing 
cannot avoid the legal construction of having been treason 
against the United States. The benignity of our Govern- 
ment and the little fear felt of its destruction is proved by the 
fact that even the leading officers of the rebellion have not 
been punished as traitors. 

THE STATES WITH EACH OTHER. 

By the Constitution : " Full faith and credit shall be given 
in each State to the public acts, records and judicial proceed- 
ings of every other State," and Congress was empowered to 
carry that provision into effect, by which means the obligation 
of contracts is preserved unimpaired by removal from one 
State to another, and judicial proceedings in one State are a 
basis for actions in another State. A certified copy of judi- 
cial records are received as evidence by the courts of any 
State of the facts therein stated. 

Any citizen removing from one State to another may be 
required to complete a period of residence before acquiring 
the elective franchise, but in every other respect the Constitu- 

Questions. — How do other nations construe treason? Why do we fear it eo 
little? What have we seen during the last six years? Was that treason? What 
is the result, and what does it prove? What does the Constitution say of the 
public acts, records and judicial prooesdings of every State ? How does that 
affect the obligation of contracts? What privileges has a citizen removing to an- 
other State? 



140 THE AMERICAN SAFEGUARD. 

tion secures him all the rights of the State to which he emi- 
grates. 

Fugitives from justice must be delivered by the executive 
of any State where they may be found, upon demand of the 
executive of the State where the crime was committed. A 
provision like this is so essential that by treaty stipulations 
with some foreign powers, it is secured that perpetrators of 
crime cannot easily find a safe asylum in the civilized world. 
Of course it is still more necessary between the States. 

It was also provided originally, that " persons held to labor 
or service" should be " given up on claim of the party to 
whom such labor or service is due," the principal intent of 
which was to secure the rendition of fugitive slaves; but 
as slavery has been abolished of late, it can apply to but few 
cases liable to arise under State laws. 

Congress has the control of the national domain, which has 
increased very much since the formation of the Constitution. 
It can admit new States, but cannot change the limits of the 
older States without their consent. 

The United States guarantees to every State a Republican 
form of Government : is also bound to protect each from 
invasion and against domestic violence, when the Executive 
or Legislature thereof make application. These three provis- 
ions show that nationality and unity was not to be a mere 
thing of words and phrases, but that those who founded the 
Government intended to establish republicanism in perpetu- 
ity, and to insure to every part protection, not only from 
" invasion from abroad," but against " domestic violence. 

MISCELLANEOUS PROVISION. 

Article Y., of the Constitution, provides the manner of its 

Questions. — What is said concerning fugitives from justice? What is said con- 
cerning persons held to labor or service ? Who has control of the national domain? 
How are new States admitted? How can the limits of old States be changed ' 
What form of government does the United States guarantee to each State? — what 
amount of protection? What do these provisions show? 



HISTORY AND GOVERNMENT. 141 

amendment. A proviso was attached to the effect that no 
amendment should prohibit the slave trade within the time 
specified, and that " no State, without its consent, should he 
deprived of equal suffrage in the Senate," which last clause 
is to be perpetual. Other amendments may be proposed by 
two-thirds of both Houses of Congress, or, on the application 
of the Legislatures of two-thirds of the States, Congress can 
call a Constitutional Convention ; but in either case the arti- 
cles proposed must be ratified by the Legislatures of three- 
fourths of the States, or by Conventions of that number of 
States, as Congress may propose, when they become " valid 
to all intents and purposes as part of this Constitution." 
Several amendments have thus been adopted which have gone 
into effect. They will soon come under our notice, and while 
most of them offer but constructions of the main instrument, 
and none of them work any material change in its policy, the 
circumstances that have accompanied the adoption of the 
last, offer a most interesting study to the student of history 
and political science. 

The closing articles of the Constitution establish that in- 
strument, and the laws and treaties made in pursuance thereof, 
as the supreme law of the land, binding State judges, and 
superior to the Constitution and laws of any State. 

It is required that all Government officers shall be bound 
by oath to support the Constitution, but no religious test is 
permitted. 

It finally provides that the ratification of nine States "shall 
be sufficient between the States so ratifying the same " to 
cement their union, and this memorable instrument closes. 
Its brevity is often remarked, but its comprehensiveness is 

Questions. — What restrictions were made as to amending the Constitution? 
How may amendments be proposed? — how adopted? Have any been adopted? 
Do they work material change in the Government ? What constitute the supreme 
law of the land ? What is required of all public officers ? Is any religious test per- 
mitted? How many States were required to ratify the Constitution to coment 
their Union ? 



142 THE AMERICAN SAFEGUARD. 

even more remarkable. The different constructions placed 
on some important points have been the cause of much agi- 
tation ; but they who framed it did not anticipate, great as 
was their expectation of the nation's future, that its career 
would be so grand, and involve so many considerations. They 
could not, if they had desired, have rendered it plain enough 
and broad enough, to prevent the misconstruction of design- 
ing men, or to leave no question for posterity to hinge doubts 
upon. Our territory lias more than doubled ; our population 
has increased ten-fold, and the wonder is that its principles 
are potent to protect us still. 

AMENDMENTS TO THE CONSTITUTION. 

The first amendment guarantees free religious privileges, 
the right of free speech, freedom of the press, and the right 
" to peaceably assemble and petition the government for a re- 
dress of grievances." 

The second asserts the right of the people to bear arms. 

The third provides that soldiers shall not be quartered in 
time of peace on private individuals. 

The fourth secures the persons and property of citizens 
against " unreasonable searches and seizures." 

The fifth prescribes that trials of criminal cases, of an in- 
famous character, shall only occur on " presentment or indict- 
ment of a grand jury," excepting in cases connected with the 
military or naval service in time of war or public danger: 
that no man shall be tried twice for the same offence or be 
compelled to bear witness against himself: that no person 
shall " be deprived of life, liberty, or property without due 
process of law, nor shall private property be taken for public 
use without just compensation." 

The sixth insures fair and impartial trial by jury. 



Question's. — What is remarked of the Constituton ? What have different con- 
structions upon it caused? Could its framers have anticipated or prevented that 
result? What is said of the first amendment? — of the second ?— of the third? — 
if the fourth?— of the fifth?— of the sixth? 



HISTORY AND GOVERNMENT. 143 

The seventh provides, that in suits involving over twenty 
dollars " the right of trial by jury shall be preserved," and 
that " no fact tried by a jury shall be otherwise re-examined 
in any court of the United States, than according to the rules 
of the common law." 

The eighth prohibits excessive bail or lines, and cruel and 
unusual punishments. 

The ninth is an indefinite assertion that the enumeration of 
certain rights in the Constitution " shall not be construed to 
deny or disparage others retained by the people." 

The tenth recites that " the powers not delegated to the 
United States by the Constitution, nor prohibited by it to the 
States, are reserved to the States respectively, or to the people." 

The eleventh is : " The judicial power of the United States 
shall not be construed to extend to any suit in law or 
equity, commenced or prosecuted against one of the United 
States, by citizens of another State, or by citizens or subjects 
of any foreign State." 

The most of these may be considered as additions to the 
Constitution, adapted to satisfy those who thought that instru- 
ment incomplete without a bill of rights, to make their com- 
mon law rights more secure. 

The twelfth amendment changes the manner of electing 
the President and Yice President, as we explained when- 
treating of that topic. 

THE ABOLITION OF SLAVERY. 

Article thirteenth of the amendments to the Constitution iV 
as follows : 

"Section 1. Neither slavery or involuntary servitude, ex- 
cept as a punishment for crime, whereof the party shall have 
been duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction." 

Questions.— What is said of the seventh amendment ?— of the eighth?— of the 
ninth? — of the tenth? — of the eleventh? How may these he considered? What 
does the twelfth amendment effect? Recite the thirteenth amendment ? 



144 THE AMERICAN SAFEGUARD. 

" Sec. 2. Congress shall have power to enforce this article 
by appropriate legislation." 

The proceedings of the Constitutional Convention show 
that the question of slavery offered the great obstacle to the 
formation of that instrument. The continuance of the slave 
trade for twenty years was accepted as a compromise measure. 
That trade has since been declared piracy by the great mari- 
time powers, but interest then predominated in the extreme 
sections to secure its continuance. It is only just to state that 
the sentiment of civilization had not then denounced it, but it 
since then unites to pronounce the traffic infamous. While 
the extreme south needed labor, and asked the continuance of 
the slave trade as a means to secure it, we also know that 
northern capital was invested in the business, and that north- 
ern vessels generally supplied the demand, and to this union 
of interest compromise was due. 

Slavery was not named in, but was still permitted by, the 
Constitution, and is first expressly alluded to in the article 
effecting its abolition. The "persons held to service and 
labor," whose rendition is here provided for in article four, 
section two, were slaves. " The migration or importation of 
persons " which should not be prohibited before 1808, was in 
plain words the slave trade with the African coast. The in- 
genious wording of the articles alluded to, shows the morbid 
feeling, concerning slavery, that prevailed in the Convention, 
for the plainest possible debate resulted in a compromise that 
is couched in such ambiguous phrase. 

By an inconsistency of circumstances most remarkable, a 
great free nation was born with slavery incorporated among 

Questions. — What institution was the great obstacle to forming the Constitution ? 
What compromise was made concerning the slave trade ? What has been the action 
of the maratime powers concerning the slave trade? What secured its continu- 
ance? What was the sentiment of civilization then concerning it? — what since ? 
What was the position of the sections? What was said in relation to slavery in 
the Constitution, and how was it alluded to ? What remarkable circumstance is 
alluded to here ? 



HISTORY AND GOVERNMENT. 145 

its institutions. It was partially forced on the colonists by 
the avarice of a King, who insisted that the slave trade should 
continue because he derived an income by levying a duty on 
the traffic. The circumstances of climate made the Negro 
at home in Georgia and the Carollnas, while the need of labor, 
and the difficulty of securing such as could withstand the cli- 
mate, made him seem invaluable. Against the prevailing 
sentiment of the Southern statesmen of the Revolution, slavery 
has grown powerful, because natural causes made Southern 
prosperity seem to depend upon it, while at the North a more 
temperate climate and immigration from the old world made 
the sluggish movements of a slave comparatively worthless. 
So the people of the Southern States were born with slavery 
as a heritage, and the institution that the world was begin- 
Ing to abhor, was to them a domestic fact, sometimes aggra- 
vated by abuses, and often attended with humane and benev- 
olent characteristics. As new territory was acquired, slavery 
claimed the right of being extended, and in time spread far 
beyond the original limits. Its claims occasioned remon- 
strance, and the North, in which slavery had become profit- 
less and had died out, asserted that freedom was national and 
slavery sectional. The words of the Constitution have been 
quoted to sustain the argenients of all sides. Congress be- 
came the theater of excited debate, and every State a politi- 
cal arena, where the question of slavery and its extension oc- 
cupied almost exclusive place. Looking back upon the past, 
we see that the effect has been to develope sectional animosity 
and political strife. The results of I860 were in favor of the 
free soil sentiment. The election of President Lincoln and a 
Congress to sustain him. showed that the extension of slavery 



Questions. — Who foi-ced the slave trade on the Colonies? What circumstances 
favored slavery at the South? What made slavery worthless at the North? K;»w 
did the acquisition of new territory affect slavery ? How was the extension of slavery 
viewed at the North? How was the Constitution quoted? What was the affect 
on Congress and the States? Wha.t was the result of the political contest of I860? 

20 



146 THE AMERICAN SAFEGUARD. 

had an end. During all these years political antagonism liad 
been producing bitterness, and the leaders of the South drew 
their people after them, until secession was attempted, and re- 
bellion and civil war became the inevitable consequences. 

It is the fashion of political and sensational writers to ap- 
plaud by favor and condemn with prejudice, but it becomes the 
historian only to recite facts and leave conclusions to be 
formed by intelligent minds. It is sad to have to recount the 
lamentable story of civil war ; but the occasion is past, and 
the fact remains that the Union is preserved, and the nation 
lias grown great among the greatest, while it has beei* in- 
volved in civil war, with its existence at stake. As a conse- 
quence of late events, slavery ceases to exist, and without 
slavery there remains no great disturbing cause to rend the 
land with deadly differences. It delayed the accomplishment 
of the Federal Union ; it has divided the nation by a geo- 
graphical line for half a century; it has been seen at the 
ballot-box and heard at the hustings, until its domain was 
more extensive than the original Union. But it exists no 
longer, and as soon as national harmony has secured again a 
hold upon every State, we may hope that a reconstructed 
Union will still maintain the principles of the Constitution 
and flourish under it forever. 

THE PENDING AMENDMENT. 

The thirty-ninth Congress has proposed the following 
amendment, which is now pending, and which, if ratified by 
the requisite number of States, will be known as Article 
XIV., of the amendments to the Constitution of the United 

States : 

Questions. — What was the result of political antagonism ? What was attempted 
at the South, and what was the consequence? What is the proper sphere of the 
historian ? What is the present position of our country ? What has been the re- 
sult of late eyents ? What has been the relation of slavery to the nation? What 
may be expected from its abolition? What Congress proposed the amendment 
called Article XIV. of the Amendments to the Constitution? 



HISTORY AND GOVERNMENT. 147 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of 
the United States and of the State wherein they reside. Ko 
State shall make or enforce any law which shall abridge the 
privileges or immunities of the citizens of the United States ; 
nor shall any State deprive any person of life, liberty, or 
property, without due process of law, nor deny to any person 
within its jurisdiction the equal protection of the laws. 

Sec. 2. Representatives shall be apportioned among the- 
several States according to their respective numbers, counting 
the whole number of persons in each State, excluding Indi- 
ans not taxed. But when the right to vote at any election 
for the choice of electors for President and Vice President of 
the United States, Representatives in Congress, the executive 
and judicial officers of a State, or the members of the Legis- 
lature thereof, is denied to any of the male inhabitants of 
such State, being twenty-one years of age, and citizens of 
the United States, or in any way abridged, except for partici- 
pation in rebellion or other crime, the basis of representation 
therein shall be reduced in the proportion which the whole 
number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State* 

Sec. 3. is o person shall be a Senator or Representative in 
Congress, or elector of President and Vice President, or hold 
any office, civil or military, under the United States, or un- 
der any State, who, having previously taken an oath, as 
a member of Congress, or as an officer of the United States, 
or as a member of any State Legislature, or as an executive 
Or judicial officer of any State, to support the Constitution of 
the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to th-e 



Questions.— What is the wording of section 1 of that article?— of section 2?— 
of section 3 ? 



148 THE AMERICAN SAFEGUARD. 

enemies thereof. But Congress may, by a vote of two-thirds 
of each House, remove such disahlity. 

Sec 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for pay- 
ment of pensions and bounties for services in suppressing 
insurrection or rebellion, shall not be questioned. But 
neither the United States or any State shall assume or pay 
any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss 
or emancipation of any slave ; but all such debts, obligations 
and claims shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 

At the close of the civil war, in 1807, Congress devoted its 
deliberations to the development of a policy of reconstruction, 
by which the States which had attempted secession, and had. 
under the name of the Confederate States of North. America, 
waged war upon the General Government, might resume their 
relations as members of the Federal Union and be represented 
in Congress. 

Many different views had been taken of the question 'of se- 
cession. Some expressed the opinion that States could not 
loose 'themselves from the federal tie or forfeit their position 
in the Union. Others claimed that the offending States had 
forfeited their privileges under the compact and were reduced 
to a territorial dependence. The question of reconstruction 
was the exciting cause of the political feeling of the country, 
^and it merely remains with us to add that the foregoing 
amendment is now offered as the basis of the re-adrnission of 
those States to representation in Congress. Five military 
-divisions cover the States now unrepresented. State govern- 

( Qcestions. — What is the wording of section 4? — of section 5? At the close of 
the civil war, what work devolved upon Congress ? What were the views taken of 
tke States that had attempted secession? What was the intention of the foregoing 
amendment? How are those States now governed? 



HISTORY AND GOVERNMENT. 149 

merits continue under this military organization, and the pres- 
ent aspect of affairs is, that the lately seceding States will ul- 
timately accept the situation,- ratify the fourteenth amend- 
ment, and be admitted to an equal share in the Government. 

The effect of this article, briefly stated, is as follows : Citi- 
zenship extends to " all persons born or naturalized in the 
United States," and the freedmen are protected in all respects 
as other citizens. 

[Representation is apportioned in proportion to population. 
The three-fifths enumeration of slaves ceases with slavery, but 
a proviso is added, to the effect that any class of citizens ex- 
cluded from the polls are to be omitted from the enumeration. 
If Negroes are not permitted to vote in any State of the Union, 
neither are they counted in the enumeration for ascertaining 
the representation to which that State is entitled. 

By section three, those persons who had taken an oath to 
support the Constitution of the United States, and afterwards 
engaged in rebellion, are excluded from holding official posi- 
tions, though such disability may be removed by a two-thirds 
vote of each House of Congress. 

Section four establish the validity of the national debt, and 
forbids the United States or anv State to assume the debts in- 
curred by the rebellion. 

Questions. — What is the general effect of the proposed amendment? — hew does 
it affect the freedmen ? How is representation governed? Who are disqualified 
from holding office hy it? How does it affect the national debt? How does it 
affect the rebel war debt? 



A TREATISE 



ON 



POLITICAL ECONOMY. 



WRITTEN FOR THIS WORK. 



INTRODUCTION. 

The word Economy is derived from the Greek language, 
and relates to household government, including the idea of 
financial management and disposition of labor — not that of 
moral control or of discipline. A well regulated economy, 
in individuals, tends to secure wealth. It is not mere fru- 
gality, much less is it parsimony, but is the exercise of judg- 
ment to secure the best result from the investment of money, 
the management of property or the disposition of labor. 

A well regulated economy is essential to secure national 
wealth and prosperity, as well as individual. The field is 
broader, the effects produced are not to be computed by ordi- 
nary calculations, and the subject deserves, as it has received, 
the consideration of statesmen and philosophers. 

This subject is known as political economy, and it may be 
briefly defined, as the science which treats of the nature and 

Questions. — From what is the word Economy derived, and what is its meaning? 
What is the tendency of economy in inhividuals? — what is said of its meaning? 
What said of national economy? 



POLITICAL ECONOMY. 151 

causes of wealth; which involves the equal rights of all; 
which, in practice, developes the resources of all classes and 
all sections, and directs all in harmonious union, to aid in 
achieving the common good. National prosperity depends 
upon the well-being of the masses, and political economy be- 
comes a science when it developes a philosophy that secures 
the greatest good to the greatest number. 

Man, moved by self-interest, ever seeks ways and means of 
securing and increasing wealth. In most cases he assiduously 
pursues objects of private interest, apparently insensible of 
the fact that the prosperity of individuals and of the commu- 
nity is intimately allied. The policy of the government 
guards the public welfare, defends the treasury, encourages 
enterprise and fosters all the sources of prosperity. With us 
the people are the sovereign power — to their arbitrament all, 
issues are left, and therefore it is most essential that the peo- 
ple shall have clear, concise views of public policy, and be 
qualified, by the study and comprehension of the philosophy 
of public economy, to undertake their share of government 
with confidence, and correct the errors of its administration 
with vigor. It may be less the case with a people who have 
less privileges — where despotic power assumes to know and 
exercise all the functions of government, and to understand 
the interests it controls. It may not be so essential, even, in 
representative monarchies — where so much income or so much 
right of property vests the right of suffrage — that the non- 
represented class shall study political science. Statistics in 
England show that the common working classes there have 
not sufficient food — and cannot earn sufficient food— to secure 
to themselves and their offspring healthy physical organiza- 
tion, and as a consequence the race of English people is sure 



Questions. — How is political economy defined? Upon what does national pros- 
perity depend ? How does self-interest affect man ? What does the policy of gov- 
ernment aim at? Why should the people understand public policy ? \\ hat com- 
parison is given of the people of different governments ? 



152 THE AMERICAN SAFEGUARD. 

to deteriorate, unless the evil is abated. With us, where 
manhood, not wealth, qualifies for suffrage, an intelligent 
knowledge of political science is necessary, that a national 
policy may be pursued by which the people may secure plenty 
and prosperity to every class, and the wolf be kept from 
the door of the poorest laborer. The necessity of such infor- 
mation is most apparent when we consider that the youthful 
student of to-day will, in a few years, become the man of 
action, upon whose intelligence and firmness future prosperity- 
will depend. In a country where the highest positions are 
open to reward laudable ambition, and every man may aspire 
to them, an intimate understanding of public policy is most 
important. 

This treatise is intended to plainly set forth such facts as 
the public should have readily at hand, for the subject^ 
thouj h often made abstruse, can be as readily shown in sim- 
ple language, and rendered as easy of comprehension as any- 
other. 

THE NATURE OF WEALTH. 

Wealth consists of those objects which satisfy the needs 
and gratify the desires of man, and are exchangeable for the 
articles in common use, necessary to alleviate his wants or 
please his tastes. These exchangeable objects consist of the 
commodities essential to life and comfort. A man's wealth 
is in proportion to the value of the things which he possesses.. 
To create objects which have any utility, is to create wealth. 
as utility is the ground-work of value. Many necessary 
objects, such as air, light, water and fire, are possessed in 
abundance by all; but, while possessing great value, these 
objects do not constitute wealth in individuals.* Yet value 
can spring from adaptation of such natural objects to especial 

Questions.— What do the statistics of EDgland show? Why is the necessity of 
information apparent with us? What is the intent of this treatise? Of what does 
wealth consist? What do the exchangeable commodities consist of? How is 
wealth created? What objects of value cannot become individual wealth ? 



POLITICAL ECONOMY, 153 

uses, and wealth may be the product of such use, Wind and 

water mills are constructed to assist labor — tire is used to 
create power. 

The soil is one great means of wealth, and from it. in one 
form or another, all produce is derived, as we could not exist 
without vegetable production ; but the soil is not the great 
source of wealth, as has been claimed by some writers. Labor 
is the great force by which wealth is created. Only for labor, 
the soil would produce a wilderness and the earth would with- 
hold its products, except as they would naturally grow and 
exist in a wilderness. Labor is the source, not only of wealth, 
but of that promoter of wealth — civilization. Labor trains 
the human mind to power, and the action, of mind directs 
labor so that it shapes and uses the crude things of earth to 
create wealth, and civilization follows. 

The creation of value can be understood by considering the 
nses of iron. It is almost valueless when in the mine. The 
ore acquires value when extracted from the earth, and that 
value increases as labor is expended upon it. First, the molten 
iron is run into masses convenient to handle ; then it is, by 
means of labor, prepared for different uses. The commonest 
understanding of those uses will show to every reader how, 
in each successive effort of labor, it acquires value by being 
skilfully fashioned, varying from an iron bar, worth a few 
cents a pound, to the watch spring, where the value of iron 
used is small, but the expenditure of labor gives a value al- 
most fabulous, in comparison with the cost of the crude metal. 

Labor may, therefore, be considered as establishing the cost 
and regulating the exchangeable value of all commodities. 
The money paid for the labor of production constitutes the 
basis of commercial transactions, but the current price of an 

Questions. — Why not? How can they be made to produce wealth? What is 
said of the soil? What is said of labor as the creator of wealth? What would 
the soil be without labor ? How does it affect civilization ? — how affect mind to aid 
civilization ? How can the creation of value be understood ? — state the illustration 
given? What establishes the value, etc., of commodities ? 

21 



154 THE AMERICAN SAFEGUARD. 

article may be, by circumstances, reduced below cost, or in- 
creased to an enormous profit. An unusual demand may oc- 
cur to cause the increase of value, or an over-abundant supply 
may exist to cause a decrease of value. As if flour was 
needed in a community, and vessels coming with a supply 
should be wrecked, which would naturally cause the supply 
on hand to be rated at a higher value ; or the supply of flour 
might be abundant, and the arrival of large cargoes of that 
article cause an over-supply, when those who wanted to 
realize money upon their stock on hand would have to lose in 
price, by forcing sales when the market was over-stocked. 
These fluctuations of price seldom occur, and are soon cor- 
rected by the natural tendencies of trade. 

We have seen that labor produces wealth. Production is 
constantly going on. Some products spring from nature, and 
labor merely protects the growth and gathers the fruit, while 
many articles are, as to value, the entire products of labor. 
which forms and fashions the comparatively worthless ore un- 
til it attains utility and commands value. " There is no ex- 
cellence without labor," has become an maxim, and we may 
safely consider it as the most reliable means in the produc- 
tion of wealth. 

LABOIJ AS PRODUCER OF WEALTH. 

By means of labor, man extracts from the earth that which 
it holds in keeping for him as a reward for industry, but 
which, in a state of nature, it would not produce, Nature * 
might furnish a scanty subsistence for a limited number, but 
at the demand of labor it yields abundant supplies for a dense 
population, and offers also the means of gratification for 
cultivated tastes. Therefore, the different classes of industry 



Questions. — From what causes can prices fluctuate? — give the example in full? 
Do such fluctuations often occur, and are they permanent? What is said of pro- 
duction, and how is it attained? — give the example in full? How does mau extract 
what he desires from the earth? What would nature furnish without lahor? — 
what at the demand of lahor? 



POLITICAL ECONOMY. 155 

become the study of the political economist, and invite our 
attention. 

There are three primary sources of wealth created by hu- 
man industry, each of which is essential to realize from labor 
the production of wealth. They are found in agriculture, 
manufactures and commerce, which claim to be the potent 
principles of national greatness. 

The agriculturist avails himself of the powerful agency of 
nature, to produce, sometimes an hundred fold, from the seed 
committed to her faithful care. He uses, as nature seems to 
direct, the agencies that surround him, and secures by his 
labor food for the whole community. 

The manufacturer directly fashions from wood, iron or 
fibre, the many articles man has learned to consider as essen- 
tial to his comfort. In response to the genius of invention, 
he calls to his aid the commonest materials of the surround- 
ing world, and. frames from such matter, objects as well of 
great utility as of exquisite form and beauty. 

Commerce conveys the products alike of the husbandman 
and the mechanic where they are needed, exchanging the 
productions of different climes, and bringing into friendly 
relations and intimate acquaintance even the most distant 
nations. The field of commercial operations extends to the 
warehouse, the wharf and the ocean ; it builds iron highways 
upon the land, and directs the course of innumerable ships 
that seek every sea, It affords as busy a iield for labor as 
the farm or the work-shop, and has even greater rewards. 

Commerce is a producer of wealth, because it transfers the 
products of agriculture and manufactures from the hands of 
the producers, where they have a certain value, to the hands 
of the consumers, where they have a greater value. This in- 



Question's. — What are the three primary sources of wealth? What does the 
agriculturist avail himself of? What is the nature of the work of the manufac- 
turer ? What is said of commerce ? What is said of the field of commerce and its 
operations ? Why is commerce a producer of wealth ? 



156 THE AMERICAN SAFEGUARD. 

crease of value gives commerce a profit which results in 
wealth. The products of a manufacturer may thus he merely 
transferred to the consumers in the same town, or they may 
be conveyed to distant ports across the ocean. Commerce 
regulates trade, and is the mainspring that stimulates the 
enterprise of all productive labor. 

Agriculture, manufactures and commerce are the sources 
of wealth to every nation. There is mutual dependence ex- 
isting to insure harmony of action, and it is a false theory 
which would advance the pursuit of one as more honorable 
or useful than the other. From the nature of things, the 
prosperity of one branch is dependent upon the same circum- 
stances that control the others. 

The success of labor depends upon the formation of a right 
theory, originating in mental application and perfected by 
experiment, and the reduction of that theory to a practical 
use. In every department of labor, science discovers a theory 
which experiment perfects, and which experience reduces to 
practice, so that there may be said to be three classes of labor- 
ers — the men of science, who investigate and discover natural 
laws ; the inventors who apply these laws, when discovered, 
to practical uses, and the operatives who construct the article 
inventors have planned, consonant with the teachings of 
philosophy. 

Professional men are not altogether unproductive in their 
labors. Statesmen make laws, public officers execute them, 
and so the Government is sustained, which secures the rights 
of all, and insures the safety of wealth. The lawyer aids the 
aggrieved citizen in securing justice, and relieves him from the 
necessity of devoting his own time to unproductive efforts. 
The physician essays to relieve bodily ills, and to restore his 

Questions. — What is said of the dependence of the three primary sources of 
wealth upon each other ? Upon what does the success of labor depend ? How 
does science assist labor? How many classes of laborers are alluded to? What is 
said of professional men? — what of lawyers? 



POLITICAL ECONOMY. 157 

patient to the scene of his labors, while the minister of reli- 
gion seeks to promote virtue, and offers remonstrance to vice, 
and by so doing becomes in the highest sense a conservator 
of the real interests which secure success to labor. 

If " there is no excellence without labor," then the drone 
in the political hive, who devours the product of labor, with- 
out rendering labor in return, cannot be considered as in any 
sense worthy of respect. The field of labor is large, and the 
use of mind may compensate for the lack of physical effort. 
True political science is calculated to open, the way for every 
individual to select the theater of labor for which nature has 
intended him. 

CAPITAL. 

If we could imagine all mankind as destitute of imple- 
ments of labor, with no dwellings erected and no fields in cul- 
tivation, no supply of food, or of those many articles provided 
that the world considers necessary for its comfort and conven- 
ience, and no means existing of immediately supplying its 
wants, it would till the idea of its condition to say that it was 
destitute of capital. 

True, in such a condition, the creation of capital is possible. 
The earth will stand ready to do man's service, for from its 
abundant supplies he can frame dwellings, and her fields can 
be parceled out and reduced to cultivation, all the agents man 
has brought into action can be brought into action again, but 
no capital will exist in the case stated, because capital is not 
an abnormal fact, but a reduction of fact from science and 
philosophy, to meet the uses and requirements of man. 

Capital, to use the simplest terms possible, is made up of 
all the means and facilities man possesses that can be brought 
to bear to assist his endeavors. A most interesting and im- 

Qlt.stions. — What of physicians? — the minister? What is said of the excel- 
lence of labor, and with reference to unproducing persons ? In what case would 
the world be destitute of capital? Would the creation of capital be possible? 
Why wonll it not exist then? 



158 THE AMERICAN SAFEGUARD. 

port ant chapter of the science of political economy treats of 
the nature of capital, and of the mutual dependence of cap- 
ital and labor upon each other. 

Capital may be said to spring from labor, and when 
attained in sufficient amount, in its turn it facilitates labor by 
assisting to develop the enterprises in the pursuit of which 
labor becomes skilled and attains excellence. Labor alone is 
not valuable, it must have materials to labor with and upon. 
The rude tools with which man first tilled the earth became 
his earliest capital, which increased as he reduced the soil to 
cultivation and added to his means of wealth ; as he tamed 
the beasts of the held and became possessed of flocks and 
herds ; as he built dwellings and enclosures to protect himself 
and his fields and flocks from danger ; as he discovered wants 
and invented means for satisfying them. Even the excellence 
of labor man attains becomes his most valuable capital, 
though uncertain with the tenure of life, but the labor with 
which he acquires it is repaid by the additional remuneration 
it secures him. 

So, from the earliest days of man until now, capital has 
been gradually increasing with the increase uf civilization, 
until its use has developed many resources undreamed of a 
century since. It has added to the power of labor to excel, 
as well as given it means of transportation for its products to 
the furthermost parts of the earth. 

The farmer invests capital in implements as well as fields; 
it fills his barn as well as builds it; cultivates his fields as 
well as pays for them, and it exists as well in his live stock as 
in his account at bank. 

The manufacturer employs capital in purchasing patent 
rights as well as in constructing; patented wares. He builds 

Questions. — What simple definition is given of capital? Whence does capital 
spring? How does it in turn assist labor? Is labor valuable without material? 
What constituted man's first capital? How did it increase? How is excellence of 
labor capital, and how is it repaid? How has capital increased? What has been 
too result? How does the farmer employ capital? 



POLITICAL ECONOMY. 159 

factories and purchases material to manufacture ; lie con- 
structs fabrics and sends them in search of a market, so that 
lie frequently needs an immense capital, or will be financially 
ruined. 

Commerce takes ail the products of capital and labor and 
expends capital and labor in finding a market for them. 
Commerce wields the pen to order the products it can dispose 
of, and with a dash of the pen returns a consideration for 
them. Capital exerts the influence upon labor that civiliza- 
tion does upon mind. It elevates and refines its products, 
and produces wonderful results. The steam engine, the mag- 
netic telegraph, the power loom, the cotton-gin, came because 
capital bid labor invent. 

Capital is called productive when its active use brings a 
reproduction of itself. Unproductive capital consists of bar- 
ren lands or hoarded money, and any property that remains 
unused, earning *o income for its possessors. Fixed capital 
is such as remains permanently invested, as lands and build- 
ings, warehouses and machinery. 

Circulating capital, in contradistinction again, is means in- 
vested which is changed in the business of reproduction. It 
includes the means used by the farmer for the purchase of 
supplies of all sorts and payment of labor; by the manufac- 
turer for purchasing materials for use and to pay his hands ; 
by the merchant in a trade that is continually changing. 

The proportion and amount employed of these varieties of 
capital are governed by the same laws that regulate trade in 
general. The one necessitates the other, and all combine to 
make a total that supplies the necessities of man. The em- 
ployment of fixed capital is considered in any country a cer- 
tain indication of its permanent prosperity and advancement. 

Questions. — How does the manufacturer employ .capital ? How the manufac- 
turer? — how docs commerce? What is said of the influence of commerce? When 
is capital reproductive? What is unproductive capital? — what does it include? 
What governs the proportions of the different kinds of capital employed? How i? 
the employment of fixed capital considered to affect a country? 



160 THE AMERICAN SAFEGUARD. 

Circulating capital may penetrate new settlements without 
adding to their permanent improvement and value, as is the 
case in new mining districts on the Pacific coast, where capi- 
tal is invested for the purpose of supplying the wants of min- 
ers. It may very successfully reproduce itself from the pro- 
duct oi the mines, without being induced to seek permanent 
investment in buildings or warehouses as fixed capital. 

THE USE OF CAPrrAL IX PRODUCTION". 

Having briefly attempted to convey an idea of the nature 
of capital, it remains to explain its use in facilitating pro- 
duction. 

The first element of wealth is found in the natural agents 
existing upon the earth ; the soil can be prepared for cultiva- 
tion ; the forests can be reduced to use in a thousand forms ; 
the animal creation can be subdued and domesticated to sup- 
ply man's various needs ; the mineral resources of the earth 
await developement ; the free natural agencies of air, water 
and fire can be made to subserve man's purposes, and without 
these waiting and willing agencies, labor is profitless and 
even impossible. 

While wealth is inert in natural objects, it can only be pro- 
duced by labor, which is the lever used to give the natural 
objects value, by moving them, as in the case of stones which 
obstruct the highway, where they are obstacles to progress, to 
some other point, where they become a foundation for perma- 
nent structure. So labor is the great producer of wealth, 
which resolves natural agents into a multitude of productions 
that become objects of use and attain value and constitute 
wealth. 

While labor is the principle of action without which wealth 

Questions. — What illustration is given of the employment of circulating capital 
without permanent results ? What is the first element of wealth? What illustra- 
tion is given as to the soil? — the forests? — the animal creation? — the mineral 
resources and natural ageucies ? Where does inert wealth exist, and how can it 
be produced? Illustrate the operation of labor as here given. 



POLITICAL ECONOMY. 161 

cannot result from the existence of natural agents, capital 
controls and directs labor. Yiewing labor, as above stated, 
as a lever, capital acts as the motor which uses the lever and 
enables it to produce wonderful results. The reader must 
remember that capital, as we use it, signifies all the accesso- 
ries by which labor is assisted and made available. 

The use of capital directs and employs labor in a great va- 
riety of ways. Its use in one State or country, determines, 
frequently, the labor done in another. The building of a 
railroad through Oregon, for instance, involves a large expen- 
diture of capital and stimulates a vast amount of labor. In 
the absence of sufficient labor in that State it ma}' come from 
abroad, even from the shores of Asia, to prepare a track for 
the road. It stimulates many branches of labor at home, for 
food must be raised and imported to support the increased 
population. The forests of the country are laid under con- 
tribution to assist the enterprise, and skilled mechanics em- 
ployed in working wood and iron to forward the undertaking. 
It might result in opening iron mines in that State and the 
erection of great rolling mills. Also machine shops might be 
erected there, which should supply locomotives and cars, as 
well as the thousand accessories incident to the construction 
of such a work, especially in a country but sparsely populated 
and partially developed. In such a country skilled labor 
would naturally be wanting to construct and conduct these 
works, and would be induced to come from abroad. It is 
most probable that in commencing such an enterprise, iron 
and enginery would be imported from other States, and the 
result would perhaps be to stimulate labor in English mines 
and in eastern workshops ; and as the Pacific coast has com- 
menced- exporting breadstuffs to the Atlantic coast and Eng- 
land, the consequence would be that the building of a rail- 

Questioxs. — What relation does capital bear to labor ? What does capital mean 
as we use it here? What illustration is given, in case of a railroad in Oregon, of 
the operation of capital ? Whence may the labor come to prepare the track? What 
labor may be encouraged there? — what elsewhere? 



162 THE AMERICAN SAFEGUARD. 

road in those States, would incidentally, by encouraging 
foreign labor, create a market for their own products. 

The fact is, that the construction of the Central Pacific 
Kailroad employs the labor and products of two hemis- 
pheres, encourages the agriculture, manufactures and com- 
merce of the whole world, either directly or indirectly, and 
therefore affords one of the most complete examples possible 
of the uses of capital and its influence upon labor. The 
construction of such a road without capital would be an im- 
possibility. The individual resources of a multitude of labor- 
ers would n.\t complete it, because the nature of the work is 
such that it requires immense capital to carry it on. The 
individuals who labor for it are scattered over the whole 
earth, and a harmony of action could not be secured, neither 
would any inducement ever suffice to induce labor alone to 
commence such a work, much less to complete it. Capital 
conceives great enterprises ; it weighs all the considerations 
involved, determines the probability of the production of 
wealth by such means, and when determined on, it executes 
the plan with vigor by the employment of labor. 

We have chosen one of the largest and grandest fields for 
the use of capital as an illlustration, but the uses of capital 
are as clearly demonstrated by the smallest operations of life. 
By employing a shoemaker to repair your shoes, you give his 
labor a reward, and in turn he rewards the tanner, and the 
many manufacturers who supply his tools, wax, pegs or 
thread, until in the ramifications of trade, the small amount 
you pay him is divided infinitesimally among laborers, arti- 
sans, landlords, traders and all sorts of producers, and aids in 
sustaining agriculture, manufactures and commerce. 

Questions. — How may it effect the sale of our own products? How does the 
^construction of the Central Pacific Railroad affect labor? Can such a railroad be 
Constructed without capital? Why not? — state in full. What conceives and per- 
fects enterprises ? How are its plans executed? Can the use of capital be shown 
in still more simple manner? Give the simpler illustration and its workings? 



POLITICAL ECONOMY. 163 

THE USE OF NATURAL AGENTS. 

We have seen that labor must find, in natural agents, 
the material it works upon; that wealth is produced by 
the action of labor upon appropriate natural objects, and 
that capital exists to cultivate enterprise and give employ- 
ment to labor— a motive power that uses labor as a lever 
to move the world. 

The use of natural agents, as an addition to the power 
of man, becomes a subject worthy of much study, and we 
must at least touch upon it. These agents resolve them- 
selves into animate and inanimate, and the productiveness 
of human industry is increased an hundred fold and more 
by their agency. 

Animate objects are beasts of burthen, without which 
man would slowly till the soil by the mere exercise of his 
physical strength. By their aid he cultivates the earth, 
carries on his improvements, conveys his products to mar- 
ket, and brings back the supplies received in exchangee 
Every intelligent mind is so familiar with this subject, that 
it only needs to be introduced, to bring before every reader 
the rememberance of a multitude of instances, where ani- 
mate agents of nature assist man, and add to his happiness 
and wealth. 

Inanimate agents offer a more extensive range for 
thought, and, only within the present century, the variety 
of inanimate natural agents and the manner of their use, 
has become a wonderful proof of the value and need of 
scientific labor. The principal natural agents will be 
briefly reviewed and explained. 

Water has always been a great assistance to man in in- 

Questions. — What connection have we seen between labor and material agents ? 
How does labor produce wealth ? What is the effect of capital ? By what terms 
are material agents designated? Do they increase production? What is said of 
animate objects? 



164 THE AMERICAN SAFEGUARD. 

creasing the products of his labor. It turns the machinery 

of vast manufactories. In ancient times, man pounded his 

food for bread with mortar and pestle made of rude stones, 

then he called in the uncertain wind to do his bidding, un- 
ci" 

til, turning the water from its course, he commands, by its 
means, an unlimited stationary power. Within a week 
the writer of this has found, in his garden, a piece of what 
was once an Indian's mortar, and another piece, part of the 
pestle, with which he prepared his bread. The hum of a 
flouring mill filled the air, and looking from one to the 
other, a most effectual comparison was offered of what 
labor can accomplish with and without capital. 

The wind obeys man's bidding to waft his ships across 
the seas, and, to a limited extent, it is still made a motive 
power to drive machinery. 

Steam is the crowning result of man's efforts to gain 
power to aid the accomplishment of labor. The use of 
steam is too well known to need description, and the his- 
tory of its invention, which has no place here, affords a 
most encouraging study for inventors to pursue. 

Fire aids man when he controls it, and destroys when 
uncontrolled. It creates steam, melts iron and other met- 
als, and no useful thing could be perfected without its 
agency. Tire has become a motor as well as steam, and 
though not so successfully used on a large scale, it answers 
a valuable purpose as applied to small engines. Fire gives 
us warmth in winter, and enables us to prepare food, and 
is one of the natural agents most indispensible to man. 

Electricity has added to human power and given a wonder- 
ful impetus to civilization. The time is, that the world's 
commerce is connected, by the transmission of immediate in- 
telligence, from continent to continent, across land and ocean. 

Questions. — What is said of water as a natural agent? — of wind? — of steam? 
— of fire? — of electricity? 



POLITICAL ECONOMY. 165 

The time will soon be, when every land will hear from every 
continent the news of the day before the snn has set. The 
action of electricity as a producer of wealth is manifest, be- 
cause commerce grows by the power of transmitting intelli- 
gence, aud that power alone makes electricity a wonderful 
producer. 

Science has aided labor in many ways, as by combining 
natural agents to produce gunpowder and other combustible 
and explosive substances, by means of which man can open 
ways through the earth, by blasting rocks, when the mere use 
of natural strength would be unavailing. By use of these 
inventions war becomes more terrible, and it is a question if 
the cause of peace is not advanced by the certainty of death 
and devastation with which war is waged. 

The perfection of machinery is due to the discovery of nat- 
ural agents and natural laws, and the adaptation of these 
laws and agents to practical ends. By understanding natural 
laws, man gained, at first, power in his own person, and could 
accomplish more than before. By putting into operation the 
screw, the lever or the wedge, he moved objects that before 
lie could only have destroyed. So the laws of nature, when 
understood, lead man to perfect his inventive powers, and en- 
able him to execute very difficult and seemingly impossible 
deeds. 

The introduction of machinery has always been attended 
with opposition by many, who simply took the view that the 
increase of mechanical power tended to decrease the number 
of individuals who could find employment, and must result 
in leaving a large proportion of operatives without the means 
of supporting life. But the result has simply proved that the 
natural course of invention is to as much increase wants as 

Questions. — How does electricity produce wealth? What is said of combusti- 
tibles, as gunpowder? What produces perfection in machinery? By what means 
did man increase the effect of his own strength? How was the introduction of 
machinery met? What has been the result? 



166 THE AMERICAN SAFEGUARD. 

to increase the means of their satisfaction. By means of me- 
chanical power, the cost of production is lessened, and man- 
kind, of all classes, have the power of acquiring many arti- 
cles, whose use was formerly confined to the few who had 
abundant means. As a result of increase of facilities for pro- 
duction, we have a greater variety of goods, manufactured at 
less price ; and as a consequence of the increase of commerce, 
the productions of all lands are exchanged at reasonable price. 
The world possesses more intelligence, as another result, and 
the education of the masses keeps pace with the elevation of 
labor. The very process of constructing machinery now em- 
ploys a great proportion of the skilled labor of the earth. 
Each invention of a labor-saving principle results in a crea- 
tion of value, and becomes wealth. As a natural consequence 
of the possession of wealth, many are employed in minister- 
ing to the desires created by it. 

It would be easy to recount many illustrations that prove 
the foregoing facts, and show how, under ordinary circum- 
stances, the improvements in machinery tend to increase the 
uses of wealth, and the demand for labor ; and that the pro- 
gress of the age shows that a natural equilibrium is main- 
tained, by which capital and labor are dependent on each 
other, and that prosperity is alone attained when success 
crowns each. True, there are times when this equilibrium is 
disturbed, but it is soon restored under healthy government. 

DIVISION OF LABOR. 

Under the primitive order of life, when the patriarchal 
system prevailed, man knew but few wants, and, as a conse- 
quence, possessed but moderate intelligence. Then, there 
was no such division of labor as at the present. The tent, 
the simple raiment, the lenten repast, were sufficient to sus- 

Questions. — What is the consequence of increase of production? — of increase of 
commerce ? How is education affected ? How does construction of machinery affect 
skilled labor? How does invention, as a creator of value, affect labor? How are 
patriarchal times described ? 



POLITICAL ECONOMY. 167 

tain life and answer the forms of primitive society. Society- 
did not exist as with us. As wants increased, there came a 
division of labor ; Cain tended the earth, Abel kept the flocks 
and herds, and from that simple and natural division of effort, 
there has ensued a division of labor, now become so perfect, that 
the construction of many single articles requires the divided 
labors of many persons. 

Agriculture commands the labor of a great proportion of 
the inhabitants of earth. It was the first field of man's in- 
dustry, and is the most important of all. Agriculture sup- 
ports life, and is able, more nearly to supply man's needs 
than any other pursuit. Even in this occupation there is a 
great division of labor, as there are many products, and none 
can raise all ; while there are also many conditions of labor 
required, to secure the success of efforts upon the farm. In 
manufactures, there are many and complicated divisions of 
labor, so that a watch, or gun, may require a multitude 01 
processes before it can be completed, each by some competent 
hand, which has no knowledge of the others. All these are 
planned by perfect mechanical skill, and are known to some 
directing mind, which, from inanimate and apparently dis- 
cordant parts, constructs a wonderfully consistent whole, that 
seems instinct with power, and is capable of being directed 
into well-regulated action. This short treatise is not able to 
follow out this interesting theme at length and show the 
minute divisions of mechanical labor, but this is the less to 
be regretted, for all who will read this have been, more or 
less, witnesses of its operation. 

So of commerce — trade is divided into many avocations, 
including the merchant, the clerk, the warehouseman, and 
the multitude of men on land and sea, who prepare and 

Questions. — As wants increased what followed? Give the example ? What has 
ensued? What is said of agriculture? Is lahor divided in that occupation, and 
how? Explain the division of labor in manufactures? What is said of division 
of labor in commerce? 



168 THE AMERICAN SAFEGUARD. 

guide the course of traffic and travel. The divisions of labor 
include not only the operatives who construct, but also the 
mind which plans. Science claims its laborers ; philosophy 
must have its exponents ; government must be carried on ; 
law must be made, decided and enforced ; the physician must 
study physiology and anatomy, and become conversant with 
human ills, that he may alleviate them ; and the teacher of 
religion must study the principles he would inculcate. The 
division of labor is wonderful. The mind of man seeks out 
many inventions, and develops capacity, which shows that he 
is little lower than the angels. In pursuing knowledge, he 
creates wants, and the impulse of knowledge is to elevate him 
further above the animal, which supports life by instinct. 
With each well-directed grasp of the unknown, he acquires a 
more extended view of the human and the divine. As he 
learns he labors ; as he labors he learns. He apportions his 
wants among mankind to secure their satisfaction ; and the 
world, which, in early ages slumbered in comparative ignor- 
ance, by searching into nature has become instinct with 
mind. A division of labor has elevated man, until he pos- 
sesses attributes he formerly attributed to the gods, and 
greater attributes than. Roman or Grecian mythology could 
devise, 

OF PROPERTY,. 

The subject heretofore under examination has merely in- 
volved the consideration of natural laws and natural results. 
Nature contains agents on which labor expends itself, while 
mind instigates labor to achieve production. Wealth is the 
natural result, and production when amassed becomes capital. 
Capital again becomes the promoter of industry,, and philoso- 
phy delights to consider and develop the mutual dependence 
of natural causes to work out great effects. The deductions 

Questions. — How does wind develop capacity? What is said of the pursuit of 
knowledge and its impulse? What is the result of the division of labor, as stated 
here? What view is given of the subject before considered? 



POLITICAL ECONOMY. 169 

we have arrived at are natural and simple, showing nothing- 
optional or tyrannical on the part of man. 

The division of labor is a natural consequence of the tri- 
umph of mind over matter. The division of property has 
been often the result of arbitrary power, and is in any case 
governed by the laws and customs of society. While these 
requirements of society are arbitrary as to the distribution of 
property % and man acquires or inherits in many cases what he 
did not earn, there are natural laws by which, as a conse- 
quence of his own acts, he forfeits possession and looses own- 
ership, or gains possession and ownership of other property. 

Property is wealth or capital, and the amount of a man's 
possessions make the sum of his property. It is the especial 
term used to signify ownership, and the sum of a man's prop- 
erty includes all his possessions. 

Individual or private property originated in priority of oc- 
cupancy or use. As wants arose, labor created property to 
satisfy them. The enclosure of land became occupancy and 
established ownership. The taming of animals gave a right 
of possession and use. When property increased, law became 
necessary for its protection, and life was risked in its defense. 
In the appropriation of the soil, might sometimes first consti- 
tuted right, as the exercise of power fell to the most powerful, 
and power made arbitrary disposition of property. It is in 
this connection that the science of government becomes a 
part of political economy. The natural rights of man are 
summed up as the enjoyment of life, liberty and property. 
Property, once legally acquired, is as much his as life itself, 
unless legally forfeited. Therefore government is instituted 
and maintained. As private property increased, the science 
of government was developed, and protection became essen- 

Questions. — From what does division of property often result? What in any 
case governs it? Give the definition of property ? How did private property orig- 
inate? Give the illustration as to the enclosure of lands — as to taming animals' 
What did increase of property necessitate ? How did might distribute property ? 
Why is government maintained ? 



170 THE AMERICAN SAFEGUARD. 

tial for the encouragement of production. Despotic govern- 
ments have a tendency to keep the poor in the same condition, 
while wealth, receives encouragement. In such countries the 
lowest class is poor, indolent and ignorant. Intelligence, the 
stimulant of labor, is wanting. Peasant, serf or slave, if re- 
strained from freedom of thought, cannot exercise cultivated 
labor, acquire refined wants or attain property, save of the 
most simple nature. The exercise of law in such countries 
protects property, even in the peasant, and by so doing 
secures the wealth of the rich from the violent attacks of the 
poor. Even in the freest government wealth is distirbuted 
most unevenly, though it is continually fluctuating and chang- 
ing hands. In our own land, equal laws and equal privileges 
cannot insure equal distribution of wealth, for opportuni- 
ties must be different, and the possession of natural intelli- 
gence and the acquirements of education are never the same. 

There is a very great and marked difference between the 
advantages possessed by the people of Europe and the people 
of America. There, the land is principally owned by a fav- 
ored class, and the poor possess it by sufferance ; here, the 
national domain offers land even to the European, if he will 
claim and occupy it. There, power is confined to a privi- 
leged class, education reaches the few, a voice in public affairs 
is not given to the mass of the people; here, the highest 
places, and all places, are filled by the people; the masses 
select the public officers, and direct, by their will expressed in 
the ballot, the policy of government, while education is gen- 
erally brought within reach of all. 

We reflect with pride upon these facts, and see that our 
Government is intended to protect the rights of all, and has 
no favoritism in contemplation. The plow-boy may become 

Questions. — How did the science of government develop ? What is the tend- 
ency of despotism ? Why is the laboring class poor there ? How does law work 
there? How is wealth distributed in free governments ? Can our laws insure ecpual 
wealth? Why not? State the difference of advantages with the people of Europe 
and with us. For what purpose is our Government intended? 



POLITICAL ECONOMY. 171 

a statesman ; the mechanic may live to attain the chief mag- 
istracy of State or Nation, and the wealth of the present gen- 
eration is certain to be divided alike between those who are 
children of poverty or wealth in this. Industry and economy 
bring certain rewards with us. Our Government, if rightly 
conducted, will create no monopolies, though capital may so 
attain power as to obtain the control of certain fields of in- 
dustry or of important enterprises, and endeavor to acquire 
great profits, but other capital can compete, and the equili- 
brium of trade and power be thus maintained. With us, cap- 
ital and labor can seek any direction for their legitimate 
exercise. Every field of enterprise is open. Labor is directed 
by a free mind, and private property is acquired often with 
ease and rapidity, because invention is encouraged and pro- 
tected. 

We have considered property as existing in despotic and 
free governments ; where enterprise is hampered by ignorance 
in the masses, and where it is encouraged by the possession of 
equal rights and general education. There is still a view to 
take of labor governed by community of interest, and accom- 
panied by equal division of property. In different lands, 
including our own, associations have been formed with a view 
to practice a division of labor and establish a common inter- 
est. Private property in those communities was merged in 
the general wealth, and the interest of individuals was identi- 
cal with the interests of all. 

Communism, Socialism, Fourierism, and many other pro- 
jects, have contemplated social equality in some form or de- 
gree, and much calculation and philosophy has been devoted 
to the attempt to reduce these ideas to practical use, and 
thereby demonstrate the feasibility of such organization, and 



Questions.— How is the case illustrated? What is said of monopolies? What 
are the privileges' of capital and labor? Why is property often easily acquired? 
What other view is offered of labor? What has been attempted in different lands ? 
What names are given of those attempted systems, and what is said of them ? 



172 THE AMERICAN SAFEGUARD. 

even its necessity. There is no demonstration yet satisfacto- 
rily made by experience, to sustain the Communist philosophy . 
There arises in opposition to the success of any such system 
upon an enlarged scale, many natural objections, based on 
human character, which differ in conception of plan and in 
methods of execution. The different degrees of energy in in- 
dividuals, the difference in tastes, habits, thought, ambition, 
and the distinctions arising from moral perceptions, all unite 
to render difficult of execution any scheme which contem- 
plates subordination to one system and satisfaction with one 
result. 

All communities unite to build public edifices and use them 
in common. Public property exists, ranging in character and 
degree from the National Capitol to tenements erected for the 
township poor. The public treasury erects magnificent mon- 
uments of art, and individual enterprise, from patriotic, be- 
nevolent, or other motives, may contribute freely to public 
undertakings ; but the success of Communism has not estab- 
lished that mankind can surrender individual aims, or be edu- 
cated to a purpose which shall accomplish that most desirable 
result, to enable man to forget alike the evils of poverty and 
riches, and surrender selfish considerations for a uniform com- 
mon good. Such a system, if established, might restore in 
some degree the simplicity of patriarchal times, and involves 
the question if the right hand can forget its cunning and 
science abandon its high aims, as it would, if human ambition 
became content in that way to realize the best good of all. 

OF WAGES. 

The usual reward of labor is wages, which consist of 
any article received in exchange for services rendered. 

Questions. — Has Communism been sustained by experience? What approving 
causes exist? In what do all communities unite ? Give the examples ? What has 
Communism failed to establish ? What might the success of such a system restore ? 
What question is involed? What is the usual reward of labor? What constitutes 



POLITICAL ECONOMY. 173 

Only a few, in proportion to the number of mankind, have 
or acquire fixed incomes, independent of labor. Again : 
Only a small proportion of those who labor, command 
their own time and services in professional, literary, agri- 
cultural, mechanical or commercial pursuits. The major- 
ity of those competent to labor, render service for others 
which are paid for by the receipt of wages. The boy who 
runs errands for his board and clothes, renders but trifling 
service and receives trifling reward. The man who per- 
forms labor requiring strength but not skill, receives wages 
in proportion to. the expenditure of strength. The arti- 
san, whose skilled services are made use of, is paid wages 
which are in consideration as well of the labor spent in at- 
taining skill as of its exercise. The merchant or profes- 
sional man, who conducts an important commercial enter- 
prise, or defends some valuable interest, is highly rewarded 
in proportion, as his experience and judgment have given 
his services greater value. The wages of public officers 
correspond with the importance of duties required, and 
the earning of honest wages is honorable, in all cases, great 
or small, where efficient service is rendered. 

As so large a proportion of mankind depend on wages 
for support, the question as to the necessity of suitable re- 
muneration of labor, and means of attaining, as well as 
the causes that effect it, are a very proper study for the 
political economist. Wages depend much on the demand 
for and the supply of labor. Competition, at times, de- 
presses its value, and the successful state of trade some- 
times enhances it. The demand for any product may in- 
crease the manufacture, and the price of labor may rise in 

Questions. — "What is said of the possessors of fixed incomes ? — of those who 
command their own time? — of the majority of those who labor? Give example of 
errand-boy? — of the common laborer? — of the artisan? — the merchant or profes- 
sional man? — of public officers? What is said o? the necessity of studying the 
principles that govern wages? On what do wages depend ? 



174 THE AMERICAN SAFEGUARD. 

value, from the fact that a need of more than usual labor 
exists. So, in times when manufactures are depressed, 
labor competes for employment and becomes reduced in 
value. 

So wages may rise to indicate an unnatural and un- 
healthy state of trade, as when speculation induces an un- 
necessary manufacture; or wages may fall to a point where 
the indication is that a stagnation of trade detracts from 

o 

its value, as in case of over-supply arising from whatever 
cause, or in case of a scarcity that results from failure of 
crops impoverishing the land, or from a state of war pre- 
venting exportation, so that labor is unable to fill its usual 
sphere. 

Capital supplies wages for labor, and it may be that cap- 
ital for selfish ends refuses to employ labor at the usual 
rates, and, by remaining idle itself, strives to compel labor 
to accept reduced wages. In case of war, or any unusual 
excitement that turns labor into unusual channels, new 
fields for its exercise may open, while the supply of labor 
is diminished. Tl^iis was the case during the late civil 
war, when, with a million men in the field, there arose a 
demand for materials of war, which more than compen- 
sated to the laborer in the end for the fact that other fields 
of labor were closed. 

As a general principle, the demand for labor is in ac- 
cordance with the amount of capital that can make use of 
it. Great excitements produce fluctuations which subside 
when the cause has ceased. It may be reasonably claimed 
that the most favorable relations exist for all, when a well 

Questions. — What causes affect labor ? Give the example of increase of demand ; 
— of decrease of manufacture. What effect can speculation have ? — stagnation of 
trade? — •scarcity? What supplies wages? Erom what selfish ends may capital 
seek to depress labor ? How may war or excitement affect labor? Give instance 
of late war? How do labor and capital accord? How do fluctuations arise and 
cease? 



POLITICAL ECONOMY. 175 

regulated system of trade insures a fair remuneration to 
the laborer; when the supply and demand keep pace with 
industry, and fair prices rule out speculation and sustain 
trade. 

• Under the proper division of labor, each of the three 
great fields of operation draws to itself the amount of force 
necessary to carry on its operations, and as each is depend- 
ent on the other, so success is mutually realized, and 
the same grade of labor commands usually the same 
amount of wages. The activity of capital is identical with 
the success of industry, and the rate of wages is never de- 
pressed when capital is abundant and actively employed. 
A country thrives by a healthy and natural increase of 
population. Population thus increases when the laboring 
classes can readily sustain themselves, and the young can 
marry, confident of means to support their families. The 
true policy of a government is to foster and encourage in- 
dustry, to make it honorable and profitable, and thus create 
public prosperity ; therefore, the considerations which in- 
volve fair and sustaining wages, are those which true pub- 
lic policy must encourage. Our government parcels out 
the national domain, free of cost, to all who seek homes, 
which draws many trom crowded marts and manufactur- 
ing districts to the lands so freely offered. These pursue 
agriculture, and create a demand for the mechanical pro- 
ductions, while they supply the toiling world with food. 
Commerce comes in to support both, by dispensing their 
products, and thus secures to the toiling millions wages 
for their hours of toil. 

MEANS OF SUSTAINING WAGES. 

Wages might be fixed bv law at what might be deter- 

Questions. — What may cause the most favorable relations? Are wages in the 
different fields of labor uniform? What is activity of capital identified with? 
What is said of increase of population as indicating thrift? When does population 
increase ? What of the true policy of government ? What does our Government 
do with public domain ? What do settlers of new lands pursue ?— with what result? 



176 THE AMERICAN SAFEGUARD. 

mined as the desirable point, but the interests of society 
oppose such a course. It would necessitate the fixing of 
prices upon all staple and ordinary products, and would 
conflict with the principles of trade and the laws of supply 
and demand. 

It is a prevailing opinion that capital can and should 
employ labor, which would be very just if there were no 
fluctuations in trade ; no recurring changes to compel 
capital to sometimes withdraw from the field as a measure 
of self-defence. There is mutual dependence ' between 
capital and labor, but, as a usual thing, capital can afford 
to lie idle in times of emergency and labor cannot. Labor 
may be said to constitute society, and it has helpless fam- 
ilies dependent upon its exercise, so there is no time when 
wages can be dispensed with. How much is due from 
those who have capital to those who give it value by 
making it active, is a question which legislators would do 
well to ponder and discuss. It may be well claimed that 
capital is dependent, for without industry at its command 
it would lose value, while, by forfeiting the accessories of 
civilization, labor can still derive from nature a support. 
Capital has most to lose, and if it could be made to act as 
insurer of wages to honest labor, the greatest philanthropy 
would be attained, and the golden age of plenty appear. 

The possibility of insuring reasonable wages to labor is 
not evident. The computed valuation of all the property 
in the United States, divided among the inhabitants would 
not enrich them, though it might give from three to five 

Questions. — How does commerce aid labor? How could wages be regulated 7 
Would it be for the interest of society ? What would it necessitate ? What opinion 
prevails ? Would it be just ? Can capital and labor afford to he idle ? What con_ 
stitutes society, and what is dependent on labor? What is said of the obligation 
of capital to labor ? What would a division of property effect in the United States? 



POLITICAL ECONOMY. ITT 

hundred dollars to each individual. Were this distribution 
made, how long a time would the equality exist ? The 
fact is that all are not capable of retaining property and 
controlling it, and soon the most capable and enterprising 
business men would acquire a preponderance of capital. 
and before many years the inequality would be restored. 

There are many ways suggested for the alleviation of 
want by a guarantee of wages, but they cannot be espe- 
cially referred to in the limits at our command. Govern- 
ment erects hospitals for the sick and asylums for the 
poor, to alleviate evils that are beyond natural remedy, and 
we have reason to hope that the advance of general edu- 
cation will, by elevating the character of man, reduce the 
evils of poverty, which too often flow from vice. With us, 
poverty more often results from ignorance, indolence and 
vice, than from a want of protection for the wages of 
labor. 

PROTECTION OF INDUSTRY. 

In our country, a large and influential party has main- 
tained the necessity of protection of home industry, by 
the levy of duties on foreign goods by the General Gov- 
ernment. The arguments used have been as follows : If 
the products of the pauper labor of Europe are permitted!" 
to find their way, free of duty, into our markets, the con- 
sequence will be that our own manufactured products wilt 
be undersold, our manufacturers be ruined, and thus, 
operations cease. As a further consequence, labor will be 
unemployed, and we will be reduced merely to an agricul- 
tural community, dependent on other nations for all man- 

Questions. — Would this equality continue? What course does Government 
pursue to protect those who are unable to labor ? What do we hope from increase 
of education? How has protection of industry by duties been advocated? What 
arguments were used? Give the alternative? 

24 



178 THE AMERICAN SAFEGUARD. 

ufactured goods, for which we would exchange the 
products of the soil. Another alternative would he, that 
our laboring population would be degraded to the pauper- 
ism of Europe, immigration from abroad cease, partially at 
least, for want of inducement, and in either case the nation 
be retarded in every material respect. 

The advocates of free trade claim in answer that trade 
preserves its own equilibrium, that our products from the 
soil would have to be sent abroad to feed the men who labor 
for us there, and that in any case it is safe to let the 
natural course of events work out the fate of American 
industry. They also claim that protective duties increase 
the cost to the consumer, for the advantage of the manu- 
t.urer, and are unjust to the masses. 

The answer of those who advocate protection is, that 
free competition at home, even when foreign goods are 
excluded, will soon produce a supply at the least possible 
profit ; that the rate of wages will regulate the general 
prosperity ; that prosperity will increase while we produce 
what we consume, and make all branches of industry join 
in rewarding labor ; that foreign laborers will come hither 
to do our work, if we encourage manufactures in our 
midst. 

We can only allude to the subject of protection, to give 
the results of experience, for by a system of tariff regula- 
tions, it has been demonstrated that customs on importa- 
tions offer the easiest means of raising revenue, and that 
protection can be made incidental thereto. 

Whenever manufactures have flourished and labor has 



Questions. — What is claimed in answer? What is further claimed for protec- 
tion? What has resulted? What has been the effect of thriving manufactories 
and well paid labor? 



POLITICAL ECONOMY. 179 

been rewarded, the country has been prosperous, and the 
amount of protection given has enabled every section of 
the land to erect manufactories, and call the labor of many 
States to assist our industry. 

OF MONEY. 

While all commodities are exchangable, and the process of 
exchange is constantly carried on, it seldom occurs that ex- 
changes are directly effected between the producers. Com- 
merce, in most instances, steps in to effect exchanges, and 
while it supplies the wants of one class from the products of 
another, it does so by means of a contrivance, or established 
representative of value, called money, which it has invented 
as a substitute for direct exchange, and is transferred and re- 
ceived as an equivalent for the value assigned the article pur- 
chased or sold. Gold and silver being the most precious and 
indestructible of metals to be found in any abundance, and 
requiring great labor in the extraction from the ore, have be- 
come standards of value, and all nations have established 
coins of different values, by means of which any given sum 
named may be reached and transferred in case of the pur- 
chase of any article. Producers would find it difficult to sell 
many articles, as the values would be different, and the differ- 
ence would remain unsettled. Money is thus a mere contri- 
vance for the accommodation of commerce, by which it gives 
value or its representative to a producer or owner of a product 
to effect its purchase. Money is the basis for the estimate 
of all value, and we say that a man is worth ten thousand 
dollars, without giving any statement of his property, which 
signifies that his property if sold would sell for ten thousand 

Questions. — Are exchanges generally effected between producers? On what 
are they effected? What contrivance is used? For what purpose was money in- 
vented? How is it used? What metals are standards of value? Why? How 
are coins established ? What is the effect ? Could productions be easily exchanged ? 
What is stated of the use and effect of money? How is it used with us to describe 
the value of property ? 



180 THE AMERICAN SAFEGUARD. 

dollars. The merchant uses money to purchase goods where 
they are lowest in price, conveys them where they command 
an increase of price, and sells for a difference which gives 
him profit. Money answers his ends to carry on all business, 
and the whole traffic of life is facilitated by its adoption and 
use. 

Different nations have different coinage, but in each the 
same amount of gold and silver lias the same, or nearly the 
same valuation. Before these metals were adopted, there 
were various objects accepted as legal tender by different na- 
tions. Furs passed in some, shells in others. Stamped 
leather has been used, and less costly metals than gold and 
silver, but these last remain the universal standard now. 

Money is generally in constant circulation, and answers all 
the purposes of commerce, though the amount of actual 
money in existence falls far short of the actual property. 
You pay money to a farmer for grain, he the same day pays 
it to a merchant for goods, who sends it to the metropolis to 
meet his obligations, where it constantly assists business trans- 
actions by its use. Money might be more abundant than the 
natural uses of it require, as we will see if we suppose every 
man worth a million of dollars, when of course its value would 
be entirely lost, while commodities would still be exchanged 
without its mediation. 

A cargo of grain passes on the ocean a cargo of mer- 
chandise, each going to the port whence the other came. 
The owners are unknown to each other and the transac- 
tions have no connection, but in the course of commerce 
the grain, when sold, assists to pay for the goods. The 
merchant who purchases the goods only in extraordinary 
cases ships the coin for them. Neither is the coin shipped 

Questions. — How does the merchant use money ? Are there difierent coinages ? 
Is there a difference in the standards of value? What occurred before these metals 
were used? How does the amount of money accord with the amount of property? 
Give the illustration of money paid the farmer? Could it be over-abundant? 
What illustration is given of exchange of products across the oeean ? 



POLITICAL ECONOMY. 181 

back for the sale of the grain, but by a process appropri- 
ately called "exchange," the owner of the grain deposits 
the proceeds of it in England, and gives to the mer- 
chant, who owes for English goods, an order on his Eng- 
lish banker, receiving money in exchange in IsTew York, 
and avoiding the shipment of money across the ocean. 
Bills of exchange are orders drawn by persons in one 
country or section of country upon persons in a different 
country, and this brings us to the fact that, while money 
is a contrivance to represent value, there are many ways 
in which written orders represent money, and written 
promises to pay are sometimes current in the place of 
mone}-. 

The small transactions of life are generally cancelled 
with money in its standard form, but the larger transac- 
tions, as a convenience to avoid handling larger amounts of 
the precious metals, are usually made by the use of writ- 
ing, or some conveyance of value recorded on paper. In 
every legitimate business operation, there must be the pro- 
ceeds of property sold, or a deposit of money in some con- 
venient place that stands ready to redeem all these written 
obligations. This deposit may remain in some safe place 
for a year, and answer the purposes of commerce by being 
legally transferred to different owners by written bills; and 
the multitude of its changing owners may never have it in 
actual sight or possession, but with confidence in its exist- 
ence and safety, may still circulate paper as its representa- 
tion. 

THE BANKING- SYSTEM. 

The business of the United States is mostly conducted 

Questions. — Is coin or money exchanged between foreign countries for goods 
exchanged? By what process does commerce sometimes convey value for products 
exchanged ? What are bills of exchange ? How is money often represented ? How 
are small transactions usually made? How in case of larger transactions? 



182 THE AMERICAN SAFEGUARD. 

through the agency of banks, so far as payments of money 
are concerned, and a few words on banking are necessary 
to an understanding of the uses of money. The National 
Banks now in existence have a circulation based on a de- 
posit of government bonds with the treasurer of the United 
States, who issues them notes on such deposit. Banks are 
intended as depositories of money, and bankers make a 
business of receiving and keeping the surplus money of 
individuals, companies or corporations; they issue notes 
as before stated, loan money on good security, and buy 
and sell exchange in very large amounts. 

A well regulated banking system is considered as an as- 
sistance to commerce, for a healthy issue of currency facil- 
itates trade, and provides loans which accommodate the 
necessities of business men. 

The business of exchange is an important branch of 
banking. The wheat shipped from Chicago to New York 
is often bought with the aid of the banker, who advances 
money to make the purchase, receiving as security bills of 
exchange as orders on the proceeds of the wheat when 
sold. When such sale' is made, he draws the money again 
in favor of the merchant in Illinois, who wants to pay for 
goods purchased in New York, and then the banker has 
the money to loan on another shipment of wheat. 

Foreign bankers have their agents in New York to car- 
ry on this business of exchange to the best advantage. 
Banking is a means for the operation of capital, and most 
of the movements of capital are made through the agency 
of banks. The amount of money represented in them is 
very large, while the actual amount of coin they retain on 
hand is in small proportion. 

Questions. — Through what ageney is business mostly conducted ? How are the- 
present National Banks organized? For what arc banks instituted? What is said 
of a well regulated banking system ? Giro the case stated, illustrating exchange- 
between New York and Chicago? Do foreign bankers d© business in this country'? 
Does banking give operation to capital? 






POLITICAL ECONOMY. 183 

The banking system is liable to much abuse, and we 
often hear of fraudulent operations, notwithstanding the 
restrictions of law and the restraints of society. When 
well conducted, as it generally is at present, it becomes a 
perfect arrangement to facilitate the exchange of values 
and to sustain commerce and give power to meet its vast 
designs. 

The subject of banking has been much discussed dur- 
ing the existence of our government, and very many argu- 
ments are urged for and against a public banking policy. 
It is a question how much currency is needed to stimulate 
healthy trade, and if the presence of more than the needed 
amount is not injurious, as causing great speculation, to the 
detriment of industry and the ultimate disarrangement of 
all commercial operations. 

The idea of a single great national bank has been aban- 
doned, as inconsistent with republican policy. The one 
effort made to establish such an institution resulted in fail- 
ure, and illustrated the danger of entrusting great financial 
matters to political control. The immense sums now com- 
ing into and disbursed from the national treasury, are 
handled without the aid of any such institution. 

The national banking svstem now in existence throws 
all possible guards around the issue of currency, and never 
before was there so little successful counterfeiting and so 
safe a circulation. There is still much opposition felt to 
it, and government is urged to return to specie payment 
and end the existence of an irredeemable paper currency. 
Many prophesy coming convulsion as a consequence of so 

Questions. — How does the amount of money in banks accord with the amount 
of coin on hand ? What is said of abuse in banking ? — of the system well regu- 
lated? Has it been much discussed and for what? What questions are involved? 
Is the idea of a great national bank entertained? Why not? Is the general bank- 
ing system now in use successful? Is there opposition to it? 



184 THE AMERICAN SAFEGUARD. 

great a circulating representation of value, but it remains 
to be proved if too much currency is in use, and if the re- 
sult will be ruin. 

Should the country pass through the present epoch un- 
scathed, and national and individual obligations be met, it 
will prove that a well regulated and guaranteed paper cur- 
rency is an element of success. 

CURRENCY AND CREDIT. 

Currency represents money, and appears in the form of Gov- 
ernment legal tender notes, based on the credit of the Govern- 
ment ; bank notes sometimes secured by deposit of Government 
bonds, so that they also are based on Government credit, and 
bank notes based on such security as State laws exact. The 
National Banks have mostly superceded every other, and National 
Bank notes form the principal currency of the country at the 
present time. Bank checks are current when certified by the 
bank on which drawn, or among individuals well acquainted, 
though these have no general circulation. Bills of exchange 
drawn by responsible parties are currency, and answer a purpose 
identical with the transportation of money. Currency is some- 
times based on a credit, as in case of banks that issued notes in 
excess of the actual money possessed, but issued for a consider- 
ation, so that the public remain confident of their value, know- 
ing the sources of the bank to be in excess of its obligations. 

Credit means some accommodation of trade, by which a large 
business may be done on a moderate capital, and it is always 
based on the possession of property, or a confidence in integrity 
or both. Credit is given upon security which may be a pledge 
of property, real or personal, as guarantee of payment, or the 
pledge of some person whose resources are- considered sufficient, 
to guarantee that the amount will be paid Avhen it is due. 

Questions. — What is feared as a result of abundant currency? What will suc- 
cess of the present system prove? In what forms does currency appear? What 
of National Banks ?— of bills of exchange ? On what is currency sometimes based ? 
What is credit ? On what is it based ? 



POLITICAL ECONOMY. 185 

This is a very important branch of the subject we consider, 
and it is capable of much illustration and argument. Commenc- 
ing at a simple and plain view of it, we see at a glance that 
economy dictates to the farmer that he must pay as he goes, or 
that at least he must only ask credit in cases where he can cer- 
tainly command definite results. He can afford to borrow 
tools to use, if he cannot buy them or make them before they 
are needed for use ; he can afford to borrow seed if he has 
neither money or seed ; he sometimes can afford to hire labor to 
pay after harvest, and buy the necessaries of life in reasonable 
amount, when he can repay from the products of the farm when 
realized. But lie cannot afford to buy unnecessary tools, or seed 
that he cannot plant, hire labor he cannot use, or purchase goods 
that are not needed, because that would be an abuse of credit, 
and in the ordinary course of events he would soon be bankrupt, 
with more debts than assets. 

The economy of the farm contains the principles that govern 
manufactures and commerce. The matter is resolved into what 
each can afford and w T hat each cannot afford, and governs the 
action of capital, which, although it charges for credit, is not 
willing to permit its abuse ; which means that it will not permit 
what it loans to be used without exacting abundant security. 

Security which would be abundant to insure a farmer the 
means to carry on his operations, would not answer to secure 
the larger wants of the manufacturer, for the farm remains a 
substantial property always, while the whole business of manu- 
facture may prove a failure, and afford no security for even half 
its outlay. The experience and judgment of some offer security 
in part, for a man whose prudence is approved is not apt to ven- 
ture beyond the dictates of judgment. 

Commerce undertakes large operations based on credit in 
part, and capital supplies its wants with deference to the prop- 



Questioxs. — Illustrate how the farmer may ask credit? When can he not afford 
to ask it? How is action of capital governed towards credit? How does security 
differ? How docs commerce use credit? 

25 



186 THE AMERICAN SAFEGUARD. 

erty possessed as a basis of trade, and the prudence of the par- 
ties who seek aid. 

The simple reasoning we used toward the farmer cannot be 
as easily applied to the wants of the merchant, though it suffices 
to govern every department of life. In the case of other occu- 
pations more judgment is required to determine what measure 
of credit can be safely asked and granted, and only those who 
are competent to determine this important question can apply 
credit successfully, and realize from an extension of business a 
certainty of reward. This important subject does not confine 
itself to the private affairs of life. It applies to national policy, 
and well considered, decides the question of currency, and deter- 
mines the national expenditure. The question asked by every 
economist, as to every purchase is, " Will it prove worth the 
cost ?H and when asking credit, that question is especially perti- 
nent. 

Currency is a credit issue, and stands to the world in place of 
money. By adoption it becomes money ; and as its tendency is 
to increase credit somewhere, the nesessity of legislation to reg- 
ulate it is apparent. If Government encourages speculation by 
over-issue of currency, it may thereby involve the commercial 
world in wild operations that human cupidity invites man to 
attempt, and credit permits him to undertake. 

The natural laws of trade are plain and simple ; they are 
made complicated by unavoidable circumstances. The difficulty 
of effecting exchange of produce causes man to invent a fiction 
of value and call it money. Gold and silver suggested them- 
selves as the most reliable standards of value, and represent 
value much as measures and weights represent quantity. The 
transportation and exchange of even these representatives of 
value became inconvenient, and the supply was not always equal 
to the wants of trade. So another fiction, currency, represents 



Questions. — How does the case of the farmer apply to the merchant? — to na- 
tional affairs? Define currency. What is its tendency? What may over-issue of 
currency effect? What is said of laws of trade? What caused the invention of 
money? What is said of standards of value? How did currency originate? 



POLITICAL ECONOMY. 187 

property, and becomes money, answering the requirements of 
commerce with the greatest possible facility. When property is 
pledged in good faith for its redemption, currency is called sound 
and under these circumstances a bank note is as good as if ac- 
companied by title deeds of a house of that value, and therefore 
equal in most emergencies to the amount of coin it represents. 
Coin never fluctuates as currency does, and if trade was well 
regulated and credit was abolished, or only given when secured 
by an offer of exchange capable of being immediately consum- 
mated, the probability is that production would be carried on in 
more regular, though fewer channels, and that labor would find 
employment at regular wages. 

If we suppose that value is actually given on exchange of pro- 
ducts, we reduce the world to a system of labor less various, but 
more certain. Capital would assume a position more permanent 
and commerce be more restricted. Enterprise would be checked 
for want of means and credit, and the question to be decided 
would be, would man be better off, in the abstract, if credit 
were abolished and production more limited but more certain, 
or does the impetus given to enterprise by credit compensate for 
the fluctuations of trade by extending to all the ability to- 
sometimes achieve wealth- by the aid of credit and the fictions 
credit has encouraged ? 

DISTRIBUTION. 

We have shown that wealth is not equally possessed, that cir- 
cumstances control its distribution, by inheritance, by acquisition, 
and by gift, and that man- does not even possess equal facilities 
for obtaining it.- We have learned that an equal distribution of 
the property owned in the United States would not confer 
wealth in excess upon the masses, and that, if equally distributed, 
it would soon again become concentrated in the possession of 

Questions. — When is currency sound? Illustrate by bank note. What case is 
supposed where production and wages would be regular? What would result from 
actual exchange of products ? What question would remain to be decided? Is 
wealth equally preserved? Would praperty remain equally distributed? 



188 THE AMERICAN SAFEGUARD. 

the class who are prepared by greater than ordinary enterprise 
or judgment to attain it. 

We have seen that a division of labor is necessary to secure 
wealth, and it follows that some must fill one sphere and some 
another, — some must be actuated by ambition and others by 
moderate desires, so that, following the laws of nature, which 
provide that man must find his level as well as water, the time 
has not arrived when persons cannot be found to fill every 
sphere of action. 

Vice and indolence are unnecessary. Raise man iri the social 
scale, and evener distribution would result. There is no reason 
why the farmer should not acquire a high order of education ; 
he cannot lose by it in attaining excellence of cultivation, and it 
is not possible that intelligence can unfit him for the most natu- 
ral and noble occupation labor can seek. Even the man who 
earns his wages upon a farm, possesses, under ordinary circum- 
stances, a more certain hold on competence, than one who obeys 
the uncertain commands of other spheres of labor. 

Agriculture is the most certain and the most satisfying in its 
rewards, because the most independent. There are lost in the 
turmoil of large cities hundreds of thousands who would add 
to the national wealth, and to their own most essential happi- 
ness, if they would commence the pursuit of agriculture in the 
West, instead of remaining victims to the exactions of landlords 
and the fluctuations of trade. No man can consider himself 
above it, for the most distinguished men have been developed 
by it ; none can be too ignorant or unworthy, for while its re- 
wards are given in increased quantity to intelligent labor, they 
are never withheld from earnest effort. 

Agriculture then invites man to certain competence. It 

Questions. — Why is division of labor necessary? What is arrived at as a nat- 
ural result? What are unnecessary? What will be the effect of social elevation? 
What is said of education in the case of the farmer? — of the farm laborer? Which 
is the most certain occupation? What is said of many in cities? Is any man 
above agriculture? Are any too ignorant? To what does agriculture invite man? 



POLITICAL ECONOMY. 189 

affords him opportunity to learn directly from nature, and the 
highest education is consistent with her teachings. Were there 
only such wants in existence as the direct products of the soil 
can supply, it is probable that the world would be happier, if not 
wiser. One can find among the people of every State a certain 
proportion who are almost self-supporting. The different opera- 
tions of labor are performed within the family, and no wages 
are paid ; the food consumed is mostly the product of the soil, 
and furnished by the resources of the farm. Flax and wool are 
derived from these resources, and when spun and woven afford 
much of the family raiment. The country store offers the means 
of directly exchanging the surplus products for some of life's 
luxuries, and so tea, sugar, coffee, and somewhat finer raiment 
are acquired, but, were there no such means, such a population 
could easily exist, independent of tropic products or of foreign 
fabrics. 

As a consequence of such an existence, man would have little 
intercourse with his fellow man. It would be a matter of su- 
preme indifference if foreign nations sought our intercourse and 
trade. Commerce would remain somewhat of a necessity, 
though nearly lost, for product must be exchanged for product 
still, and manufactures must exist enough to at least extract the 
iron from the mine, but man in such a state would find success- 
ful employment in directly raising food for his own consumption ; 
in fashioning garments and tools to use, and in building such 
dwellings as his own hands could raise. 

We have imagined a state of Arcadian simplicity ; we have 
gone back to a patriarchal epoch, and the fact is present with us 
that the heart of man has sought out many inventions. By the 
most natural of causes, man, being gifted with intellect, possess- 
ing mind and being impelled to its exercise, left it to the beasts 

Questions. — How can man learn by agriculture? What example is given of 
self-supporting people ? How are other products acquired by such ? Could they 
do without them ? What would be the consequence of such a state ? Would man 
find successful employment? What has man attained by natural causes ? 



190 THE AMERICAN SAFEGUARD. 

of the fields and the birds of the air to act upon instinct, and 
entered upon a career of construction, which was almost crea- 
tion. Discovering ways of adapting natural objects to his own 
uses, he gradually cultivated tastes that sought development, and 
he compelled the crude things of nature to assume such forms as 
would satisfy them. 

Man in his ruder civilization, unless brought face to face with 
Divinity, could not overcome the prejudices of superstition and 
attain the higher regions of faith. It is by cultivating mind 
and awakening tastes that command him to labor, that he ac- 
quires excellence and power. True, these tastes often' make man 
their slave, and abusing his privileges and his powers he be- 
comes sometimes debased in their exercise. It would still 
seem that man, in striving to fill his possible destiny, has im- 
proved his condition and character. His natural sphere and 
destiny seemed to be to enjoy what nature made easiest of 
possession — to live and die. His possible destiny seems to be 
to expand in thought and action until all the elements obey 
him ; to live in action and dying perpetuate his knowledge fa 
the records he leaves behind him. 

It is wonderful to contemplate the varying themes suggested 
by such a subject. The economy of nature suggests the econ- 
omy of man, and either man must remain blind to its teach- 
ings, or else, heedful of the truths she thrusts at him, he studies 
the changing pages she spreads before him, and as each treas- 
ured fact lets in more light, he uses it to attain deeper insight 
into philosophy. Who can bid him stop, and point the man 
of science, who translates the minutest atom into a thing of 
power — who weighs the worlds and traces the motions of a 
universe back to the days of primitive existence, when man 
had never exercised the powers of mind ? Mind must expand. 



Questions. — What of man in rude civilization? How does he acquire excel- 
lence ? How does he sometimes become debased? What is the result of man 
striving to fill his possible destiny? What seems his natural destiny? — what his 
possible destiny? Whence is the economy of man suggested? How does the 
study of nature impress him? What example is given of the man of science? 



POLITICAL ECONOMY. 191 

Superior mind must take the lead; and, as a consequence, dis- 
tribution of wealth must be unequal and partial, because 
there is no equality of mind to accompany equality of rights. 
Civilization has been accomplished by man's progress. The 
human family has become mutually dependent to a degree 
that compels the labor of Asia to exchange products with 
America, and so down until every citizen depends on univer- 
sal labor. As science explains natural law, all the terrors of 
superstition disappear. The Supreme appears more nearly 
allied to man, religion obtains a sincere hold on universal 
character, and whatever of vice and ignorance is found, be- 
comes more repugnant to true and elevated mind. Poverty 
exists and all the millions toil, but a more pure and extended 
philanthropy arises to attempt the alleviation of human woes. 

OF GOVERNMENT. 

We have briefly and very imperfectly reviewed the econ- 
omy of social life; have glanced at the fields for labor and 
the effects of labor, and traced the course of wealth, as de- 
veloped from natural agents, by the efforts of perfected 
industry, until it is distributed as the existence of wants 
require, or as the opportunities of man enable them to ac- 
quis e. We have found as a result, society organized with 
capital as the director of labor, and commerce as the agent 
for the exchange of products, and it remains for us to con- 
sider the influence of government on production. 

The science of economy of monarchical governments 
affords many lessons of value to us, but we can simplify 
their theories very much when we put them into practical 
use under a free government. The recondite theories of 
the old world have never had occasion for exercise in 



Questions. — What is said of mind? How is civilization accomplished? How- 
is mutual dependence illustrated? What is the effect of science on superstition and 
religion? Does commerce bring neighborhoods and nations together? What do 
compensations of nature provide? What has this treatise now reviewed ? What 
remains to consider ? Can we simplify monarchical theories ? 



192 THE AMERICAN SAFEGUARD. 

states created in the new, for there have never existed 
with us those tenures that spring from feudalism, nor an 
aristocracy that remained permanent long after the period 
in which it originated, and far outliving the system of gov- 
ernment it once created. We have already shown the ori- 
gin of government — how man, when he commenced ac- 
quiring property, became anxious for its protection as well 
as for the protection of life, and therefore he instituted 
laws. 

As civilization has progressed, the theory of government 
has been more perfectly developed, and its functions have 
become extended to include a watchful guardianship of 
the public happiness, as well as guard over property. In 
carrying out this policy, government asserts the right to 
claim and exercise certain privileges and powers; and the 
consideration of the powers of government, in their relation 
to the rights of the governed, constitutes one of the most 
elaborate chapters of political science, and comes within 
the purview of political economy. 

With us, the voice of the people constitutes the govern- 
ment, and may be supposed to construct or dictate its pol- 
icy ; therefore, there is no room to doubt the sincerity of 
the government, or question the acts done in accordance 
with the popular will. Adopting vox popidi vox Dei as a 
maxim, there would remain no right to question; but as 
all government is experiment, and the people but dictate 
what experiment shall be adopted for use, the field is en- 
tirely open for investigation. 

Writers on political science devote much space and ar- 
gument to show by what process government, which was 
instituted to protect from violence and fraud, has become 

Questions. — Have monarchical theories had occasion for exercise with us? — 
why not? How has civilization affected government? What rights does govern- 
ment assert? What constitutes government with us? Can we doubt its sincerity? 
What is said of government as experiment ? 



POLITICAL ECONOMY. 193 

the guardian of all the better interests of the community, 
and the promoter of that which benefits as well as the cor- 
rector of that which corrupts. We will accept their con- 
clusions, and, supposing that all intelligent minds concede 
that this conclusion is inevitably arrived at, we will save 
our space for a brief consideration of the functions of -gov- 
ernment, and an analysis of its functions and their effect 
upon the production of wealth and welfare of the governed. 
The suffrages of the voting population decide the elec- 
tion of officers, the adoption of public policy and the fram- 
ing of laws. At least such is the practical effect in this 
country, and this treatise relates immediately to no other. 
The general structure of our government is in correspon- 
dence with liberal views, and consistent with the most per- 
fect freedom. Entire freedom might degenerate into li- 
censed crime ; perfect freedom is based on law and secures 
justice in its perfection. It therefore remains with the po- 
litical economist not to urge governmental reform, so 
much as to offer argument and make the people compre- 
hend their best interests ; for, as they are sovereign, and 
government is but experiment, trial can be made of any 
plan and experience decide its merits. They (the people) 
can always decide if experience proves it sufficient. 

OF LIBERTY. 

Freedom of thought, of speech and of the press, with an 
equal right to the protection of the laws and the privileges of 
citizenship, is liberty as secured by our government. Since 
slavery has been abolished there remains no objection, on the 
part of the most ardent advocate of personal liberty, to the 
principles established in the Constitution. Time has demon- 

Questions. — What have writers shown as to progress of government? What 
ground does this work take ? What do the votes of the people decide ? To what 
does the general structure of government correspond ? State the difference between 
entire and perfect freedom. What has the economist then to do? Can trial be 
safely made? Can objection now be made to our Constitution? 
26 



194 THE AMERICAN SAFEGUARD. 

strated the perfection of the plan, experience has justified the 
wisdom of its framers, and the workings of government sat- 
isfy and protect a large and growing people. To commence 
in the highest condition of dependence, it is claimed that the 
National Union, to be acceptable, must not have power to 
compel the obedience of the States, save as they have deliber- 
ately resigned their powers to it. Others claim that all 
powers are given up that are not expressly reserved. This 
important subject has been discussed from the time of the 
formation of the Constitution until now, and the issue of se- 
cession, directly brought, and which convulsed the nation 
with all the horrors of war, may not decide the theory, but it 
establishes, in practice* that the general government has com- 
pelled a large number of unwilling States to remain in the 
Union and own its authority, and it establishes the fact that 
the- Government considers the Union perpetual. The con- 
struction of law is that the States resigned the supreme power 
to the nationality, or to the people of all the States, and that 
they possess equal liberty with each other, but not the liberty 
to dissolve the Union. The treatise on government shows 
what laws are supreme over State laws, and we do not pro- 
pose in this example to more than explain what we mean by 
liberty. The philosophy or economy of the Union then is, to 
create a government powerful enough to secure protection for 
each member from domestic or foreign dangers, and as the dis- 
solution of the Union would weaken this protection, the act of 
secession would not be the exercise of liberty in its perfect 
sense, but a lawless disregard of the common good. These 
are the conclusions of history, and as such we give them. 

States are individuals, and having shown their dependence 
on the Union, we must recollect that they have rights which 

Questions. — What has time and experience demonstrated? What is said of 
State dependence on the Union? How has secession affected this question? Does 
it decide the theory or establish the practice? What is the fact? What is con- 
struction of law? What is the philosophy or economy of union? Dees dissolu- 
tion correspond to it? What would secession then be? 



POLITICAL ECONOMY. ±yO 

they maintain by aid of their equal representation in Con- 
gress, and that in all the functions of government, as control- 
ling life and property, they have absolute power over a multitude 
of individuals, their laws being subject to the general provisions 
of the Constitution securing in each a republican form of 
government and conformity to constitutional laws of Congress. 

The liberty of individuals comes next in view. Laws of 
Congress guarantee to every citizen equal rights before the 
courts, and a citizen is not necessarily native-born, or a man 
of peculiar color, but citizenship includes every person whose 
intention of naturalization is established. Equal liberty be- 
longs to every individual under the Government, and no priv- 
ileged class claims precedence. But the very freedom guar- 
anteed by law is made consistent by restrictions upon wrong 
doing, and liberty and even life are lost when law is violated. 

The liberty of individuals is insured by their good conduct, 
their liberty of speech is bounded by its proper use, the utter- 
ing of falsehood or slander is made punishable, and men are 
liable for the consequences of their words. The liberty of 
speech consists of the right to freely express and maintain 
opinions, to discuss public policy, to argue on every subject 
that can interest mankind, and with us the privilege of free 
speech is sometimes carried to an extreme. 

Most violent assaults upon public men and measures 
are made, and the government feels no fear, because the 
people created it, and no less power than theirs can alter it. 
Very frequently, in the heat of political debate, personalities 
are indulged in that are unlawful, but they are not often pun- 
ished, as the result is not injury to any dangerous extent, and 
it passes as a result of excitement. Slander and defamation 
are frequently punished, as they are often the result of pre- 

Questions.— What of State rights? What power have they? What of liberty 
of individuals? What is a citizen ? Is liberty equal? How is freedom made con- 
sistent? How is individual liberty insured? What bounds liberty of speech? 
What of falsehood and slander? Of what consists liberty of speech? Is it carried 
to extreme ? Why is not government in dread of it ? 



196 THE AMERICAN SAFEGUARD. 

meditation, and either injure the business standing or moral 
character of individuals. 

What has been said of liberty of speech applies equally to 
the liberty of the press. Monarchies often forbid the publi- 
tion of matter reflecting on the government, but with us the 
acts of government are liable to the fullest and most violent 
criticism. This is carried to the largest limit, for merely par- 
tisan purposes ; but by natural tendencies and the influence 
of majorities, the equilibrium of government is not easily 
disturbed. The elections, even after the most violent political 
commotions, are held in quietness, and the wonderful feature 
of the age is, that they are received as decisive. There is no 
appeal from the ballot-box, and its verdict is given by a phys- 
ical majority always capable of enforcing it. So the freedom 
of the press and of speech are usually harmless when most 
bitter in reflections on public policy, and if even succesful in 
inflaming the public mind to misguided action, reason and 
experience are sure to secure reform from future exercises of 
the ballot. The freedom of the press is restricted to state- 
ment of facts in case of individuals, and the abuse of privi- 
lege in cases of libel is punished with strictness. The public 
welfare is not so easily injured by misrepresentation as that of 
an individual in private life. Any word that detracts from 
the commercial or moral standing of a citizen is an abuse of 
liberty and becomes license punishable by law, and the subject 
of slander is entitled to exemplary damages. 

' So government may be liberal when it restricts liberty. 
The public economy demands that liberty shall be denied to 
vice, and law exists as a system of the most exacting restric- 

Questions. — What of slander and defamation ? What of liberty of the press in 
monarchies? — how with us? What are the tendencies of majorities? How are 
elections conducted? What is the result? What of the verdict of the ballot-box? 
Can freedom of speech or of the press result in permanent evil? How is it in case 
of individuals? What is the difference between slander of government and of in- 
dividuals? Can liberal government restrict liberty? What does public economy 
demand ? 



POLITICAL ECONOMY. 197 

tions upon the acts of individuals, by which property, to the 
most minute degree, is preserved to the possessor, and pun- 
ishment meted out for the infringement of private rights. 
Life is protected by the exaction of life for life, and injury to 
any person is crime before the law. In the pursuit of happi- 
ness man is guaranteed liberty, but the pursuit of happi- 
ness must not trespass upon the common good, and in fact 
happiness in the individual is, in the nature of things, de- 
pendent on the happiness of the community at large. 

Law exists for the better security of permanent property, 
and the organization of government provides courts for the 
establishing of justice according to law. With us, as a free 
nation, law is the voice of the people, the rules of action and 
government which public economy suggests and the people 
adopt and enforce. 

Law restricts liberty when it becomes license for crime, it 
preserves, in the most minute particular, the rights of all, 
and equity conies to enforce justice when law is insufficient 
to secure individual rights. Law first existed as a common 
system made plain by custom — though never expressly writ- 
ten — and handed down by the efforts of learned men, who 
recorded the customs and usages so adopted for the use of 
posterity. Equity has likewise become essential, for arbitrary 
laws can only cover general cases, and as there are exceptions 
to all general rules, so principles of right prevail, to remedy 
any defects in the law and secure equity or justice. Statute 
law is the direct enactment of the existing government for the 
carrying out its organization, and the establishing of such 
regulations as the public economy demands, and frequently 
differing from the common, law and always superior to it. 

Questions. — What is the effect of law? With what result? How is life pro- 
tected and injury to person punished? How is man protected in the pursuit of 
happiness? For what purpose is law? How are courts provided and for what 
purpose? What is law with a free nation ? When does law restrict liberty ? What 
is the action of equity ! How did law first exist ? Is equity essential? What is 
statute law ? 



198 THE AMERICAN SAFEGUARD. 

Law governs the acquisition of property, secures the legal 
possession of it, and provides for the distribution of estates. 
It punishes vice and, by protecting, incidentally rewards vir- 
tue. It has under its charge and care the persons of all citi- 
zens ; it confines those guilty of crime and releases those un- 
justly confined. The whole study of political economy is 
contained in the considerations that actuate the adoption of 
laws and their enforcement. 

The powers of government have always been questioned, 
but recent events seem to establish the United States as a na- 
tionality as powerful as any monarchy. In fact more power- 
ful, because the majority of a people uniting in a policy are 
more powerful than any government can be which does not 
express the consent of the governed. 

The Union, therefore, as seems to have been intended by 
its founders, and as late years have demonstrated, cannot be 
dissolved. The government stands as the frequently reiter- 
ated voice of the people, based upon great fundamental prin- 
ciples adopted by all, which it cannot infringe, but which 
have been approved by experience. 

There is no question with us as to how government should 
be constituted, for we have one most equable and just. The 
functions of government remain for us briefly to consider. 
A great dread has always existed, lest centralization of power 
should wreck the liberties of the people, but the people them- 
selves possess that power, and the brief term of each admin- 
istration, and the checks that each department can interpose 
against its use, seem to leave no room to doubt the power of 
the people to control the government. The spectacle was 
lately offered of a million men in arms, but instead of be- 
coming a shadow of terror, that army grew to be a greater 
assurance of safety, for it disbanded after years of war as 

Questions. — 'What is the effect of law on property? How does it effect vice and 
virtue? In what is contained the study of political economy ? What is said of 
our nationality? What is said of our government ? What is said of centralization 
of power? What example is offered of the army lately in existence? 



POLITICAL ECONOMY. 199 

quietly as after a mere militia parade of a day, and sought 
again the common avocations of life. 

REVENUE AND TAXATION. 

The government of a town is distinct from and obedi- 
ent to the government of a State, and frequently is inferior 
to the government of a county, which is also governed by 
the State. The State is governed by the United States in 
important respects, so that we have town, county, State 
and National control in distinct but harmonious existence ; 
besides which, there are school districts and road districts 
— making six different systems which are to be maintained 
at«the expense of the people. The raising of revenue is a 
necessity, and taxation, in various forms, is a result. 
Therefore revenue and taxation become important subjects 
in political science. 

The necessities of government arise from various causes. 
The services of officers in many departments, forming a 
system so complete as to penetrate every village and em- 
ploy men in every neighborhood, requires an immense rev- 
enue of itself. The interests of the nation abroad must be 
maintained at great expense by efficient representatives ; 
for in every commercial mart where our flag can go it must 
have the presence of some representative of the nation to 
secure it all the privileges of trade. The army and navy 
are to be maintained, the expense of which has become a 
most important item of the public expenditure. 

We have seen that many subdivisions of government 
exist. The nation, State, county and city, or town, must 
all be supplied with revenue; roads must be constructed 
and a common school system sustained according to our 
national policy. Taxation must exist, but it must be en- 

Questigns. — How many subdivisions of governments are there alluded to here? 
How many systems of revenue are alluded to? What is said of the necessities and 
expense of government ? What is the result of this necessity ? 



200 THE AMERICAN SAFEGUARD. 

forced with great judgment, for want of economy will 
plunge a nation in debt, retard its progress and destroy its 
best interests. Ten years ago our national expenditure 
was very small in comparison with the present. The du- 
ties on importations, with the sales of public lands, fur- 
nished a revenue that paid the regular expenditure of 
times of peace, and even carried the nation through the 
war of 1812 with England, and the war of 1845 with Mex- 
ico, affording opportunity of accumulation to cancel the 
debt created by those wars. The crisis of civil war came 
upon us in 1861, and we emerged from it to find a burthen 
of debt upon us, in proportion to our numbers almost 
equal to the debt of England, to meet the interest of which 
and carry on the government with its greatly increased 
expenses, requires that taxation, which before was only 
felt as an increase of value in articles imported, shall be a 
perfected system, informed of the resources of every branch 
of labor, as well as aware of the results of capital in all its 
uses. The duties upon imports still form a great item of 
income, probably more than ever before, and at the same 
time they incidentally afford the protection to home indus- 
try it needs. The sale of public lands afford small revenue 
because the government has adopted a liberal policy to the 
people, giving each man who desires, a homestead to occu- 
py. The new system follows the example of England in 
taxing incomes, manufactures and productions ; in licens- 
ing occupations and requiring stamps to be afSxed to in- 
struments of writing and many proprietary articles. 

The policy pursued is to leave the necessaries of life as 
free as possible, and to collect revenue from superabundant 
incomes and such other sources as can best afford it, and 
least afflict the laboring classes. 

Questions. — What of the expenditure ten years since, and before that? What 
happened in 1861? What is the result? From whence is revenue now derived ? — 
state fully. What policy is pursued? 



POLITICAL ECONOMY. 201 

As a wonderful result of this system, two } T ears after the 
creation of a debt of nearly: three thousand millions ot 
dollars, while supporting government upon an expensive 
basis, which can be only gradually reduced, and paying 
interest-money double in amount per annum the total 
former expenses of the government, we have decreased 
the debt to an extent that, if continued, would secure its 
extinction within one generation. The foreign nations 
similarly barthenecl are not attempting to meet the princi- 
pal, while the people groan in the effort to pay the interest; 
but great as our expenses are, they do not call for the sup- 
port of a royal family, and the difference between royalty 
and republicanism makes our burthens, large as they are, 
seem light in comparison. 

Already Congress considers how taxation can be most 
readily and conveniently reduced, and the people recog- 
nize the success of our institutions in the facility with 
w T hich all emergencies are met and surmounted. It is a 
question for political philosophers to argue, whether a 
compensation, in part at least, is not offered for the suffer- 
ing and loss of the last few years, by giving the nation a 
knowledge of its power and the resources necessary to its 
conduct in the future. 

It would be interesting and necessary to the full and 
proper understanding of public economy, to pursue the 
subject of taxation at length; to investigate every particu- 
lar tax and determine its justness and realize its effects, 
but this is only a synopsis of the subject, or perhaps more 
an introduction, which presents a topic for the reader to 
pursue. The general Government has seldom resorted to 
direct taxation. The effects may not be essentially differ- 
ent, but the people love to be insensibly paying taxes and 

Questions. — What is the result of this system? How is it with foreign nations 
similarly situated ? Where is the difference ? Is decrease of taxation contemplate! ? 
What question as to compensation is stated? Is direct taxation popular? 



202 THE AMERICAN SAFEGUARD. 

not directly. They prefer an increase of price upon 
many articles which shall almost imperceptibly effect a 
result, to at some time each year going down into their 
pockets for the whole amount demanded of them. Then, 
as we have stated, government aims to make the poor as 
little poorer as possible, and adopts a system of excise that 
makes the least necessary articles in use go far to sup- 
port it. 

The States resort almost exclusively to direct taxation, 
by levying a capitation or poll tax, and assessing the real 
and personal property and demanding from the owners 
such rate of tax thereon as will supply the public needs. 
All the lesser sub-divisions of the State resort to the same 
means for the principal supply, for each has its own needs 
and its independent revenue. Licenses form, a considera- 
ble item of State revenue, and are required of certain oc- 
cupations, generally such as are not deemed practically es- 
sential or permanent. 

The system of roads is generally maintained by the re- 
spective districts in which they lie, by actual labor ren- 
dered or by an equivelent to secure the same. In some 
States, in addition to so much labor due by each citizen as 
such, the possession of property governs an additional 
amount of labor to be done, or the payment of money as 
an equivalent. 

Public schools are supported, in whole or in part, in 
many States, by taxation, sometimes directly by the State, 
at times directed by the vote of each .school district, and 
again sometimes raised by both State and district. 

Taxation, to be just, should be accommodated to the 
necessities of the country, for it must insure the means to 
effectually carry on the government and yield to all the 
people the just results of government. Careful legislation 

Questions. — How is it with the States? How with the subdivisions of States? 
How are roads maintained? How public schools ! Where is taxation just? 



POLITICAL ECONOMY. 208 

provides means and dictates their disposal, and no money 
can be spent unless Congress provides it and sanctions its 
use in advance. It is esteemed necessary that public build- 
ings shall exist and that the Government shall build them. 
So the National and State Legislatures raise and appropri- 
ate money for that purpose. The supplies for every depart- 
ment and the salaries and necessary expenses of officers, 
are estimated, these estimates corrected and examined, and 
legislation acts upon knowledge. So it is evident that 
economy is most necessary to the nation. The subject of 
political economy expands as we approach it, and the 
glance we have taken, while it may instruct some, will 
suggest topics for thought to all. 

It remains for the people themselves, as the surest and 
safest way to secure economy of administration, to be well 
informed as to questions of policy and finance. They are 
competent to solve all the problems of statesmanship 
which are ultimately left to their decision, and there can- 
not be a single fact as to government they are not entitled 
to understand and permitted to investigate. The account- 
ability of public officers is immediately owed to them. As 
they understand public matters so they can determine 
them, and the hardships of mal-administration which may 
be due to their ignorance will as surely fall upon them. 
The worth of every thing governs its cost, so the public 
mind should be informed of all public needs, so that it can 
be prepared to judge for itself of the value attained by 
public expenditure. 

THE FUNCTIONS OF GOVERNMENT. 

In the administration of government, in addition to the 
natural and simple functions it must exercise to preserve 
peace and to protect life and property, there are, incidental 

Questions. — How is money expended? How can good administration be se- 
cured? What functions pertain to government? How is the general duty of gov- 
ernment stated? 



204 THE AMERICAN SAFEGUARD. 

thereto, many duties devolving upon it as guardian of the 
general welfare and promoter of the general good. 

Political economy considers how government can best add 
to the production of wealth within its own limits and requires 
that efforts shall he made consistent with its conclusions. 
The general duty of government is to enforce contracts and 
hold all men responsible for their honorable and reasonable 
agreements. All the success of commerce depends upon this 
being effected, and the credit given by capital would hardly 
continue if it w r ere not that the courts stand ready to enforce 
contracts and exact right dealing between man and man. 

It may appear most inconsistent with this fact, that there 
exists at the present time a Bankrupt Act, passed by the late 
Congress, by which a man may surrender all his property to 
be divided among his creditors, and receive a legal release 
from all his indebtedness. The public economy which re- 
quires the fulfillment of contracts is supported by every re- 
quirement of society and element of justice, and is maintained 
in all government, but exceptions occur, nevertheless, which 
seem to justify the passage of a bankrupt act and to pro- 
nounce it only just that surrender of property freely and fully 
made shall bring release from obligation. Great commercial 
convulsion may occur, as in 1837, and leave a great part of the 
community bankrupt, or a great political convulsion may 
arise, as in 1861, and the effects of civil war may be even 
more severe than the effects of commercial convulsion, and 
the public economy may suggest in the emergency the can- 
celling of debt by surrender of property, and the effect pro- 
duced may justify the means. By being relieved from the 
terrors of debt very many of those who had suffered commer- 
cial misfortune might enter business and again attain compe- 
tence, while all would gain confidence to try the fortunes of 
life again. Many, under these circumstances, realizing a 

Questions. — What exception is stated as to enforcement of contracts? How is 
the exception justified? 



POLITICAL ECONOMY. 205 

moral obligation when the legal one was lost, have paid the 
cancelled debt out of their future successes. Political econ- 
omy justifies the law which forgets the enforcement of con- 
tracts in view of the fact that more good was attained by the 
result than could have been attained without it. 

Capital is considered as arbitrary and tyrannical, and the 
usury law confines it within certain limits as to interest. The 
principle seems to prevail that any commodity is worth what 
it will bring. There is no limit to the price of bread, the 
most important staple ; rents are not regulated by law, but 
the value of the use of money is determined by statute. The 
result is at least satisfactory to the masses, and does not injure 
the interests of capital, while the poor are relieved from op- 
pressive exactions. 

We have a vast unsettled domain open for settlement 
and the population of Europe is too abundant, so government 
invites immigration by offering advantages. This national 
domain is the inducement, as any citizen, or person desiring 
to be such, can become possessed of land by actual occupancy. 
Such laws are outside the natural and necessary acts of gov- 
ernment, but the public good is attained when citizens possess 
homes and new states grow up as a consequence of immigra- 
tion. 

In England, where industry commands low wages, free 
trade is a just and reasonable policy, necessary and natural ; 
with us, where labor is enhanced in value, and it is desirable 
to maintain all branches of industry in perfection, govern- 
ment, from true motives of political economy, lays a duty on 
the product of foreign labor, sufficient to enable our own 
labor to compete. Unless this was done, our own labor would 
be either reduced to a level with foreign labor in price, or our 
manufactures would cease. 

The government finds natural means to foster enterprise by 

Questions. — What is said of the usury law as an unusual restriction? What 
action is taken with the public lands? What comparison is made of free trade? 



206 THE AMERICAN SAFEGUARD. 

favorable legislation, but it has been denied that it can create 
internal improvements. In aiding to construct the Pacific 
railroad, it may not actually do so as an owner, but it virtu- 
ally constructs the work by grants of land and loan of its 
bonds. The necessity of trans-continental communication 
suggests this as wise public policy, and certainly as a measure 
of political economy the act cannot be questioned. The na- 
tional welfare demanded it, and it could only be effected by 
government aid. , The same reasoning applies to donations of 
land for similar objects. 

Hospitals and asylums are provided by government for the 
afflicted and the poor. Recognizing the obligations of hu- 
manity, it mitigates the sorrows of man, and the people culti- 
vate benevolence by the encouragement of public as well as 
private charity. 

The duties and responsibilities of government have increas- 
ed with civilization, and the mere protection of life and prop- 
erty have developed into a great system of government, which 
seeks to elevate labor, to stimulate enterprise, to encourage 
virtue, to reward invention and to cultivate the growth of art, 
science and philosophy. Not less is it its duty to alleviate 
suffering and lessen the ills all flesh is heir to. 

NATIONAL DEBT. 

It is a question of great importance, how far any govern- 
ment is justified in creating a public debt, not as a temporary 
loan necessitated by circumstances, and destined in the natu- 
ral order of things to be cancelled in a few months or years, 
but a debt whose operation must be to impose a lasting bur- 
then, and the interest of which will remain as a permanent 
tax upon the national resources. 

In preserving the balance of power in Europe, the great 
nations of the old world have become inextricably involved, 

Questions. — What is said of the Pacific railroad? Does government alleviate 
suTering? How have the duties and responsibilities of government increased? 



POLITICAL ECONOMY. 207 

and have- accumulated debt which remains a permanent fea- 
ture of government. The idea of paying the principal may 
be said not to exist. The expounders of political science 
there claim that the expenditure was necessary, and was pro- 
duced by imperative causes, and they even claim that a na- 
tional debt may become a national blessing, by forming a bond 
of union between the middle classes and aristocracy, who are 
the great mass of public creditors, and the government which 
stands to them in the relation of insurer of wealth to the ex- 
tent it is their debtor. Government bonds are often a favor- 
its security, and fixed incomes, however small or great, are 
supposed to be more certain of continuance with the faith of 
a great nation pledged for their payment. It is claimed, then, 
that most powerful interests are thus combined to support a 
government, upon the existence of which so many hopes de- 
pend. 

FrOm a republican stand-point, we can easily perceive the 
sophistry of such reasoning. A government created and sup- 
ported by the free voice of the people, we have seen cannot 
fall, and we could easily be convinced that a government 
whose strength lies in its weakness — for debt is weakness — 
and the apprehensions of its creditors, must certainly fall. 

But debt need not necessarily exist as a mere bond 
strengthened by selfishness, it may be supported by higher 
motives, for if created in self-defence or upon urgent 
national necessity, it will stand to the people as a me- 
mento of that danger and the means of its avoidance, so 
that while selfish interests may be involved in its payment, 
the gratitude of a nation may be enlisted to maintain its 
integrity. If selfishness was the only motive, it might Ml 
from the fact that while the interests of some are favored 
by payment, the interests of all — for all consumers are 

Questions. — What is said of the debts of foreign nations? What is claimed by 
expounders of political science there? How would we answer that view from a 
republican stand-point? Can national debt be viewed with higher motives? 



208 THE AMERICAN SAFEGUARD. 

incidentally tax-payers — would be favored by its repudi- 
ation. So the selfish considerations are in majority 
against it. The conclusion is that a national debt must 
be based upon necessity, and be assumed with the consent 
of the people, to insure their acquiescence in the taxation 
which must ensue. 

We find ourselves suddenly with an immense national 
debt. To claim it as an element of strength is the merest 
folly, while the probability that it will produce weakness 
is not necessarily proven. This debt originated in great 
public necessity. The Union has been preserved' at this 
expense. The people have pronounced the object worthy; 
they therefore assume to pay the cost. 

Under the circumstances, it was impossible to meet the 
expenses of the war by actual collection of revenue, and 
assuming that posterity was interested in the issue and 
could afford to pay part of the cost, if necessary, the peo- 
ple, through their representatives, borrowed money to 
meet the public exigency. One remarkable feature of 
the case is, that the people themselves loaned government 
the means to carry on the undertakings they approved. 

So it seems undeniable that extraordinary occasions may 
arise when loans must supply means to Government. Our 
view of taxation induced the result attained, by which our 
debt is being rapidly decreased, which gives rise to the 
question, How fast should such debt decrease ? Of course 
that must depend much upon circumstances. If there 
were no danger of recurring emergencies, it would be 
proper and convenient to let that decrease be gradual, 

Queestions. — What would be the result if purely selfish motives prevailed? 
What do we find true of the United States? Can we claim it as an element of 
strength? Is it necessarily weakness? What is said of it? What reasons are 
given why the people borrowed money ? What is a remarkable feature ? What 
seems undeniable? What is said of the decrease of the debt? 



POLITICAL ECONOMY. 209 

for in securing great ends and permanent results, where 
posterity receives benefits, it can afford to pay something 
of their cost. 

The power of a nation is in proportion to its strength, 
and if debt is weakness, then the more debt the less 
strength. A nation which presents sufficient power of re- 
sistance will be respected by other nations, peace will 
remain more permanent, and the public welfare be more 
assured. Therefore it is advisable with nations as individ- 
uals that they hold themselves as little incumbered as pos- 
sible and prepared for emergencies. 

We have seen that old dynasties exist, so deeply in debt 
that to meet the interest absorbs all the nation's resources 
and leaves no room to diminish the principal. What se- 
curity do thejr possess that equal emergencies may not 
occur and greater indebtedness become a necessity? and 
if they have no ability to meet additional demands, what 
becomes the inevitable result ? Bankruptcy introduces 
revolution, and ruin becomes accomplished. 

The conclusions we draw, then, in our own case, are, 
that the reduction of the public debt is advisable, as fast 
as the resources of the nation can safely and easily accom- 
plish it. There is no appearance of distress in healthy 
districts as a consequence of the present system of taxa- 
tion, and if the whole country was as prosperous as before 
the war, it would yield still increased results. War, in its 
desolating course, crippled our resources, as .a nation, be- 
cause it destroyed a proportion of them, and the devas- 
tated districts have to recover themselves. Of course, in 
such, taxation ismore severely felt, but time is healing the 

Questions. — What is said of national power? What danger threatens debt- 
burthened dynasties? What is the conclusion in our own case? How did war 
affect us ? 

28 



210 THE AMERICAN SAFEGUARD. 

wounds war inflicted, and the national resources are fast 
recovering. 

It remains a most important part of the functions of 
Government to temper the commerce and industry of the 
country according to its circumstances. Steel is prepared 
by difference of temper, to work iron, stone or wood, and 
so trade must be regulated to answer the occasion. It 
seems now more than ever necessary that labor shall be 
be protected and all enterprises encouraged, so that they 
can best bear the burthen of taxation. 

If, as a nation, we are complete within our own resour- 
ces, raise all we can consume, construct what we use, and 
own the national debt at home, then the interest of that debt 
will be distributed among ourselves and form part of in- 
dividual resources, After supplying its proportion of the 
needs of trade and uses of commerce, the money paid out 
by the Government as interest will be again annually col- 
lected by taxation, and again paid out as interest for the 
general uses of the people. Raising what we consume 
will naturally include the purchase of foreign commodi- 
ties by exchange for our surplus products, for as long as 
what we produce supplies what we consume, then, in com- 
mon phrase, " one hand is made to wash the other." 
Among our resources are great mining regions only half 
developed, and any person can readily perceive that if the 
supply of the precious metals produced can remain in our 
hands, we would soon possess resources that would exceed 
those of any people upon the face of the globe. 

The resources of a nation, as of an individual, however 



Questions. — Are we recovering? How should government influence commerce 
and industry? What is said of owning this national debt among ourselves? How 
can one hand be made to wash the other? What is said of keeping our supply of 
precious metals at home? 



POLITICAL ECONOMY. 211 

great, may be crippled by extravagance. We will instance 
how this has affected the United States. We profess re- 
publican simplicity, we possess within ourselves all the 
resources of life essential to happiness, for we raise in ex- 
cess important staples to exchange for a reasonable amount 
of foreign products and luxuries. Formerly, by a danger- 
ous system of credit, we were always deeply in debt 
to European capital, which knew our resources and exacted 
large interest for satisfying our extravagance ; some crisis 
would occur to call this capital home, we were asked 
to pay up, and financial ruin took place in trade. This 
result would not have been so disastrous if we had con- 
structed our own supplies from our own resources. Buy- 
ing foreign goods on credit was not exactly making one 
hand wash the other. 

At the present time we are increasing this evil, and be- 
coming more than ever in debt to foreign capital. At the 
expiration of the late war, some six hundred millions of our 
national del?t was owned abroad, or perhaps more properly 
was ov:ed abroad. No doubt the amount has increased since 
that, and the usual credit has been offered us beside. It re- 
quires no deep reasoning to see that it is a misfortune that we 
owe foreign capital at all. The amount is in no sense 
returnable ; circulation at home does not follow the payment 
of interest to foreigners, but the amount we owe them is so 
much deducted from the wealth of the nation. If that 
amount is borrowed for use of trade, or construction of inter- 
nal improvements, we would still have an equivalent, and the 
payment of interest would be exchange of value for existing 
value. The use of luxuries destroys value, and the condition 

Questions. — What is said of extravagance? How has this affected the United 
States? How could these commercial crises have been avoided? What is the case 
at .this time? How does foreign debt affect circulation? Would it be different i l 
the money was borrowed for practical use ? 



212 THE AMEEICAN SAFEGUARD. 

of the country will be in time deplorable if the Government 
securities become transferred abroad as an increase of obliga- 
tion, and so much detracted from our resources. Then the 
money paid in taxation to meet it would be displaced from 
circulation, and the debt become an intolerable burthen which 
might induce repudiation. 

The remedy will be found in efforts of Government to pro- 
tect home industry and restrict foreign luxuries by a judi- 
cious system of duties, and more still, by the intelligent action 
of the people in discriminating between necessary and unnec- 
essary expenditures to preserve republican simplicity. 

It is with the wealthy the evil originates, for if they re- 
member that they owe a duty to their fellow countrymen and 
use their means to advance home manufactures, then they 
are benefactors of the nation. Whereas, if by greater dili- 
gence, intelligence or opportunity, they accumulate more than 
a natural and equal share of wealth, they can reduce that 
general wealth by so using their proportion of it that it does 
not reproduce itself in their own country, but increases the 
wealth of some other. Gold and silver are eventually de- 
manded in satisfaction, and the result is that the supply is 
exhausted — the product of our mines is dissipated in what is 
practically useless extravagance. These propositions seem 
simple, plain and convincing. If we accept u free trade and 
direct taxation " as the true policy, it does not weaken this 
argument. Were we a nation of agriculturists alone, and 
imported more value than we exported, bankruptcy would 
ensue. Government does not possess the natural power to 
interfere, but it is one of its optional exercises of power to 
aid the general welfare by discrimination in favor of home 

Questions. — How does the use of luxuries affect value? In what case will we be 
in a deplorable condition? How will we find a remedy? Where does the evil 
originate? What effect does it have on gold and silver? Would the result be dif- 
ferent if " free trade and direct taxation" was the rule adopted ? What of the nat- 
ural and optional powere of government? 



POLITICAL ECONOMY. 213 

production, as much as to advance education and aid internal 
improvement. 

THE ARMY AND NAVY. 

The great European nations, jealous of each other, and not 
only fearful that they may suffer loss of territory, but anxious 
to be prepared for any emergency that may enable them to 
aggrandize themselves, at the cost of their neighbors, are 
maintaining, at an enormous expense, standing armies con- 
taining millions of men, who are not only withdrawn from 
society as producers, but require to be supported by the labor 
of the people. This is the great cause of distress to the 
nations of the old world, for without pretending to go into 
accuracy of figures, it would be safe to say that in the stand- 
ing armies of Europe five millions of men are not only with- 
drawn from profitable labor, but are being unfitted for it by 
the idleness and demoralization which army life engenders. 

Viewed from any practical standpoint, a large standing 
army injures national character as well as burthens the peo- 
ple, but the construction of European power requires it, for 
with all the progress of civilization, standing armies seem the 
only safeguard of international faith. 

We have passed through a terrible ordeal of civil war, in 
which one-fifth of the manhood of the nation was at one time 
engaged in conflict the most disastrous. The existence of a 
martial element in our national character was almost doubted, 
but the doubt exists no longer. War claimed of us, as it 
always claims, the most stalwart manhood, and sacrificed it 
freely. Actual statistics show that the wars of Xapoleon not 
only reduced the population of France, but, by destroying the 
most stalwart and muscular men. for the army is composed of 
such, it decreased the physical strength and stature of the 
French people. So undoubtedly it must have operated in our 
own case. 

Questions. — What of European standing armies ? How many millions are thus 
probably taken from labor, and with what result? How do standing armies affec 
national character? What effect did the wars of Napoleon produce? 



214 THE AMERICAN SAFEGUARD. 

Occupying a continent to ourselves almost, with no jeal- 
ousy of our neighbors, but entertaining a confidence that they 
will soon become united with us, we are free from the neces- 
sity that drives Europe to support such standing armies. The 
martial spirit of the people needs to be cultivated in a judi- 
cious and general militia system, that military organization 
may be easily effected in case it should become necessary. 
An army may be organized and maintained in a skeleton form, 
capable of being expanded by filling up from civil life, and 
made efficient with competent officers and the presence of 
disciplined men in the ranks to give confidence to the new 
recruit ; and this army, sufficing to guard our military posts 
and frontiers, to subdue the savage tribes and man the for- 
tresses that sentinel the ocean entrances, suffices for all our 
wants, with no fear left of the aggressions of the outside world. 
Neither will we need to fear a recurrence of internal commo- 
tion, as consistent and liberal legislation must insure the re- 
turn of fraternal feeling. The ballot-box will be a power 
more potent than the bayonet, so long as we preserve the tra- 
ditions of our early history and the memory of terrible later 
events. 

The confidence with which the Government disbanded an 
immense army, which had conquered great armies opposed to 
it, trusting the word of the sections it had so long fought, 
shows forcibly that we have no occasion for maintaining such 
an army as would be required to preserve the national exist- 
ence and possessions of an European power. This relieves us 
from great national expense, and enables us to not only meet 
the interest but to already reduce the principal of the national 
debt. 

As a commercial nation, whose fleets occupy every sea, we 
have the ability to equip a formidable navy at short notice ? 

Questions. — Why are we free from the necessity? What is said of a militia? 
How may an army he organized to advantage? Need we fear domestic violence 
again? What action of government shows this? 



POLITICAL ECONOMY. 215 

as we effectually did during the last war. Kayal supremacy 
should be a matter of emulation for a people who delight to 
cultivate commercial relations with all the world, and while 
we can dispense with armies to impress the world with respect, 
a national marine of no second class importance is needed to 
make all the world perceive and respect our power and enter- 
prise. Foreign nations cannot invade our territory, but they 
may, unless we meet power with power upon the ocean, drive 
our commerce from the seas and cripple the national resources 
as effectually as if they obstructed the navigation of the Mis- 
sissippi, the great lakes, the Sacramento or the Columbia. 

Our success in naval architecture is matter for pride, and 
while our monitors, iron-clads and war ships carry our flag to 
every port, with the visible assurance that we equal the world 
in excellence of preparation for offense and defense upon the 
seas, so long will we have room for our commerce and the 
world's professed friendship. There is, of course, a limit to 
need of naval power, but the American navy stands the expo- 
nent of our strength and enterprise, and while it would be an 
unwise policy, inconsistent with republican simplicity, to use 
our navy as a threat by unnecessary- display, it would be 
equally unwise to let parsimony interfere with due ability to 
protect a commerce that secures us both wealth and power. 
Political economy suggests no aggressive demonstration upon 
land or sea, but such an organization of both army and navy 
as is consistent with the preservation of free institutions and 
of our commercial prosperity. 

Lmrrs of goyeexmext extebfeeexce. 

As all government is interference with the affairs of men, 
for the assumed purpose of securing life and property, the 
question naturally recurring to the political economist before 
■closing his view of the subject will be, what are the just lim- 

. Questions. — What is said as to the need of naval supremacy ? How can for- 
eign nations injure us else? What does political economy suggest relative to the 
navy? What question comes up before closing this treatise! 



216 THE AMEKICAN SAFEGUARD. 

its of govern mental interference ? This question is also one 
that is easier answered from a republican than a monarchical 
stand-point, and our consideration of it will omit many of the 
particulars that encumber the arguments of the old world 
philosophy. 

A government that assumes to understand the wants of the 
people better than they themselves understand them, and 
which attempts to cultivate intelligence in a ruling class to 
remedy the want of cultivation and intelligence in the masses, 
occupies a false position, in that it assumes to understand wants 
from which its very cultivation and intelligence removes it 
too far to permit the existence of the sympathetic feeling 
which alone can insure appropriate legislation. 

With us the dependence of applicants for position upon 
popular favor insures that they shall be en rapport with the 
people, while the continual demand upon the people lor the 
exercise of their suffrages to determine questions of public 
policy at the polls, insures discussion and argument and the 
spread of general information, which in a measure educates 
the people to competent action. So the people themselves 
become, in effect, legislators, and while some confidence might 
be felt in a disinterested government, if such could exist, 
which should specially educate its members to understand 
and alleviate the public needs, more must be felt in a people 
who must he disinterested while they decide questions of pub- 
lic policy affecting the welfare of each individual. 

With monarchists the continually recurring question is ? 
how far can we safely extend governmental interference? 
With republicans the question is, rather, how free can we 
safely leave the action of individuals ? Let us accept this last 
question as our theme, and examine how far the acts of gov- 
ernment can question and restrict individual free agency. 

Questions. — How is it viewed in case of a monarchy? — how with us ? What is 
the question as to extension of powers with monarchists ? What is the case with 
us? 



POLITICAL ECONOMY. 217 

As we enter the duties of government — which are allowed 
to be, in brief, " to protect person and property against force 
and fraud," — and advance to grasp the fact that protection 
against vice includes the encouragement of virtue, we open 
upon a wide field of observation and reflection, where philos- 
ophy makes its deductions and political economy becomes in- 
volved in a contest with moral and physical science, and all 
the good and evil in society claim equal protection. There 
cannot be any definite boundary drawn between those who 
assume that the influence of government should be felt 
wherever good can be accomplished and those who claim that 
it should be limited to its definite and original objects. The 
one theory imperceptibly glides into the other. The extremes 
stand in antagonism, but the opposing theorists occupy 
many positions in common, and the line of demarcation is 
fluctuating and indefinite. Active powers are strengthened 
by negative influences, and government, in its active efforts to 
" protect person and property against force and fraud," finds 
that thought induces action, and the cultivation of right 
thought induces right action ; that the exercise of individual 
freedom of action may involve self-debasement and result in 
creating vice, and as mind grows more penetrating and gov- 
ernment more perfect, the necessity is felt of action to re- 
strain indulgence that leads to vice, and to secure education 
to the people as a means of inducing them to appreciate gov- 
ernment and to sustain law. We cannot, therefore, set defi- 
nite limits to authority before we understand the need of it. 
Law corresponds to circumstance ; different people need dif- 
ferent government, as the progress of civilization is effected, 
and the character of the people is determined by time. 

The great principles remain the same ; their adaptation is 
governed by circumstances which may cause them to expand. 

Questions. — What is said of the field offered for observation ? Can definite 
boundaries exist? Where do the opposing theorists occupy common grounds? 
How can limits of authority be defined? Do principles change ? 

29 



218 THE AMERICAN SAFEGUARD. 

For instance, a higher civilization guarantees, in some sense, 
more individual freedom of action, while in another it may 
justify restrictions even upon man's free agency. 

If man was perfect in character, government might be un- 
necessary, for no wrong could be done, and the most strin- 
gent government, if just, would be no restriction. As man, 
by civilization, comes nearer perfection, he sees the necessity 
of more stringent restriction and enforces it to prevent vice. 
It is in proportion as moral results are attained that physical 
results are attainable, for perception of good is a moral result 
and punishment of crime a physical. In endeavoring to at- 
tain these moral results, from a misconception of moral qual- 
ities and mistaken ideas of the action of will, some govern- 
ments establish religion as a national institution, supported by 
the people. As a consequence, religion becomes independent 
of voluntary support and natural belief, and is dogmatical, 
and its pure influence is lost in a measure. With us, the peo- 
ple have religious liberty, and we see it exercised in many 
varieties of creed and faith, and illuminated by the highest 
talent, which is devoted to sustaining it, while agreeing on 
the main features of Christianity. All denominations seek 
different illustrations of it, and the result is an active religious 
character manifest as a national trait. A republican system 
of religion would be very inconsistent; a monarchical system 
is more inconsistent, for religion is natural, universal truth. 
Man attains thought for himself. The perfection of govern- 
ment may now from the perfection of thought, but it has no 
right to demand pecuniary support, while it may well and 
properly have great influence. If government adopts any 
system of religion, be it Roman, Greek, English or Lutheran, 
and tax the people for its support, it defeats the very end 



Questions. — When would government be unnecessary? How does advance of 
civilization affect government? What is said of religion as a national institution? 
How is it with us? Would a republican or monarchical system of religion be in- 
consistent? 



POLITICAL ECONOMY. 219 

aimed at, for man cannot love and respect, much less exercise 
faith in, a system which oppresses him. 

Education is a public necessity, most certainly to a people 
who have in themselves all the powers of government. It 
would be highly improper for government to establish schools 
to teach a peculiar philosophy and compel the attendance of 
all the youth of the land, but it is proper for it to aid educa- 
tion by grants of public land for its support, and for states to 
collect taxes for the same purpose, and that the several school 
districts should impose additional taxes for their immediate 
use. All this is consistent, because education is free to all, 
and the text-books adopted are such as the people select, while 
at the same time all are left free to patronize private schools 
and to select such studies as they may prefer. Education 
may be supported because the greatest good results from it, 
and by its means the children of all have advancement opened 
to them. 

Prohibitory acts are perfectly consistent, as when to pre- 
vent counterfeiting, which in itself is harmless, as well as the 
circulation of base coin and forged paper, which is the evil to 
be avoided. The purpose is base and criminal, and fraud is 
the intended result. So counterfeiting is made punishable, 
because public economy considers that fraud exists in inten- 
tion and must be restrained from exercise. 

Marriage is usually subject to no conditions save that the 
parties shall be of legal age and free from parental restraint, 
but the law institutes a form as necessary, and requires that 
the certificate of some person competent to perform it shall 
become a public record of the act. In large cities it is cus- 
tomary for a record to be made of all deaths, and in some in- 
stances of births. Statistics are kept for practical purposes, 

Questions. — Should government establish sectarian schools ? How can it prop- 
erly aid education ? Why is this consistent ? Why may education be supported ? 
Are prohibitory acts consistent ? What of marriage ? — of deaths and births ? 
Why are statistics kept? 



220 THE AMERICAN SAFEGUARD. 

for it is useful to government, as necessary to secure regula- 
tions for the public health, that this information is at com- 
mand. 

The manufacture of dangerous articles, as gunpowder or 
inilamable substances, as oils, may be very properly confined 
within certain limits, for the public safety requires iti as well 
as that they shall be securely kept when manufactured. In- 
terference with free agency in general is deprecated as an in- 
vasion of the inner life of a man and tyranny over mind 
itself. 

JUST GOVERNMENT. 

In closing this treatise, let us take a brief view of the sys- 
tems of government now existing to realize by the compari- 
son what may truly be considered/^ government. 

There have, no doubt, been many rulers who have been 
much impressed with the responsibilities of their positions, 
and whose lives have been, in a great manner, devoted to the 
good of the people, but there have too often been those who 
failed to recognize that responsibility and have been led by 
ambition and selfishness. Human nature is so constituted 
that man cannot rely upon the disinterestedness of his fellow 
man, and the experience of history offers constitutional gov- 
ernment as the only just system. The Government of Eng- 
land stands as the highest exponent of constitutional monar- 
chy now in existence, but the influence of a class too much 
predominates, and the House of Lords claims a decisive voice 
in molding the laws. The House of Commons mocks pop- 
ular sentiment with rotten boroughs, and the power of the 
landlord is maintained through the tenant who may be priv- 
ileged to vote, while the laboring masses, to whom the ballot 
is denied, have no voice in the Government, little opportunity 
for improvement and development or to rise above the level 
in which they were born. 

Questions. — What of manufacturers of gunpowder, etc.? Why is interference 
with free agency deprecated ? What is said as to character of rulers ? 



POLITICAL ECONOMY. 221 

Sucli is England with her chartered liberties, the grandest 
achievement of freedom in the old world and the parent 
of the greater liberties we how possess; but with wsjust gov- 
ernment exists in a much more exalted sense. No royalty, 
nobility or aristocracy claims precedence, and the people are 
elevated in mind, because upon each one devolves a part of 
the duties of government. 

Upon each one rests a direct responsibility as to the course 
the Government may pursue, and each may aspire to the 
positions for which he is qualified, while the fact that all 
positions are rilled by the choice of the people induces a gen- 
eral sytem of education which will qualify men to assume 
responsible duties. Owing to the free and liberal character 
of our institutions, new men are constantly coming into favor, 
many of them representatives of the laboring class, who, 
finding incentives to study, have attained education by de- 
voting leisure hours to that purpose, and stand foremost upon 
the rolls of fame. 

Jrs r r government, then, has the consent of the governed, 
and more than that even, speaks the voice of the governed. 
The fact that public duties devolve upon all, raises all far 
above the level of old world peasantry and gives the nation 
moral power and physical excellence. The people may err, 
but they can see that error and correct it. Excitement may 
sway the popular mind for a day, but it cannot bias it with 
permanent effect. An English historian, after reciting the 
incidents of the French Revolution, pronounces that " de- 
mocracy " is the greatest curse God ever inflicted upon guilty 
man. Because a people, enslaved and tyrannized over beyond 
endurance, at last rose and raised Liberty, in the name of 
Democracy, to be a goddess — without having in all the 
teachings of their history a true thought or realization of 

Questions. — What of England as a constitutional government? What of the 
Unite! 'States? What is the effect of devolving duties upon the people! What 
does an English historian say of democracy? 



222 THE AMERICAN SAFEGUARD. 

Liberty to base tlieir action on — rioted in blood and carnage 
and failed to win or comprehend the privileges they longed 
for, Allison denounces "Democracy." The Red Republi- 
canism of the French Revolution was not freedom, much less 
Republicanism, and if those who seek to disparage free gov- 
ernment are willing to give it a fair trial, we invite them to 
witness the results of the American Revolution and judge if a 
people can achieve freedom and be educated to maintain and 
preserve it. 

True perfection of government must result from intelli- 
gence. By education the masses comprehend their respon- 
sibilities, and it insures that they will discharge them well. 
We adopt into our social system those who come from foreign 
lands, and share all our privileges with them. We open our 
fields to emigrants from every nation. We discuss the polit- 
ical questions that arise, always with excitement and often 
with bitterness, but the common school stands and multiplies, 
the safest guaranty of intelligent thought and action. From 
its teachings of simple facts, we, as a people, draw inspiration, 
as it were, to mold national character and form opinion. 
Anarchy cannot exist beside it, and religion, without being 
taught there, receives a wider field for exercise. 

Let us be thankful for our liberties, let us do more, and 
forever study how to protect and preserve them. 

Questions. — What is said of the French Revolution? From what must perfect 
government result ? What is the effect of education of the" people ? 



EXTRACTS FROM THE FEDERALIST. 



INTRODUCTORY REMARKS. 

Pending the ratification of the Constitution, there arose in 
the States, particularly in Xew York, Massachusetts and Vir- 
ginia, a great discussion as to the propriety of its adoption. 
Political parties were formed to advocate its ratification or 
rejection. The publication of the Federalist was undertaken 
by Madison, Hamilton and Jay, as a means of impressing the 
popular mind with the necessity of union and the advantages 
to be effected from the formation of a government based upon 
the proposed Constitution. During ail of our history, there 
have been no men discovered whose arguments have been 
able to refute the general philosophy of government displayed 
in these writings, and the fame of the three great authors of 
these letters is based in no small degree upon the success of 
this joint effort. In after times, differences of political opin- 
ion existed between Madison and Hamilton, but no difference 
can be supposed to have existed upon the questions discussed 
in these brilliant essays, which, though due to the joint mind 
of the three, were issued as the exponent of one view, over 
the signature of Publius. 

Commencing with the eloquent introduction, by Hamilton, 
which follows, the Federalist reviewed the evils existing under 
the Confederation, and then, with a force of argument that 
exhausted the logic of history, those letters, framed by its dis- 
tinguished authors as one continuous argument, took up the 
theory of government prescribed in the Constitution, and step 
by step establishing point after point, they proved that the 
projected system developed into a harmonious and consistent 



224 THE AMERICAN SAFEGUARD. 

entirety, calculated to secure to " a more perfect Union " the 
needed blessings so earnestly recited in the preamble to that 
instrument. 

These extracts are carefully and impartially selected, as the 
the expression of the founders of our Government, for the in- 
fluence of these writings is known to have materially assisted 
the indorsement and ratification of the Constitution by the 
States, while it successfully refutes the attacks made upon it. 
The men who favored the adoption of the Constitution be- 
came the leaders of the nation. 



INTRODUCTION, BY ALEXANDER HAMILTON. 

After full experience of the insufficiency of the existing 
Federal Government, you are invited to deliberate upon a 
new Constitution for the United States of America. The 
subject speaks its own importance; comprehending in its 
consequences, nothing less than the existence of the Union, 
the safety and welfare of the parts of which it is composed, 
the fate of an empire, in many respects, the most interest- 
ing in the world. It has been frequently remarked, that it 
seems to have been reserved to the people of this country 
to decide, by their conduct and example, the important 
question, whether societies of men are really capable or 
not, of establishing good government from reflection and 
choice, or whether they are forever destined to depend, for 
their political constitution, on accident and force. If there 
be any truth in the remark, the crisis at which we are ar- 
rived may, with propriety, be regarded as the period when 
that decision is to be made ; and a wrong election of the 
part we shall act may, in this view, deserved to be consid- 
ered as the general misfortune of mankind. 

This idea, by adding the inducements of philanthropy to 
those of patriotism, will heighten the solicitude which all 
considerate and good men must feel for the event. Happy 
will it be if our choice should be directed by a judicious 



EXTRACTS FROM THE FEDERALIST. 225 

estimate of our true interests, uninfluenced by considera- 
tions foreign to the public good. But this is more ardently 
to be wished for than seriously to be expected. The plan 
offered to our deliberation affects too many particular in- 
terests, innovates upon too many local institutions, not to 
involve in its discussion a variety of objects extrenuous to 
its merits, and of views, passions and prejudices little favor- 
able to the discovery of truth. Among the most formid- 
able of the obstacles which the new Constitution will have 
to encounter, may readily be distinguished the obvious in- 
terest of a certain class of men in every State to resist all 
changes which may hazard a dimumtionof the power, emol- 
ument, and consequence of the offices they hold under the 
State establishments, and the perverted ambition of another 
class of men, who will either hope to aggrandize themselves 
by the confusions of their country, or will natter them- 
selves with fairer prospects of elevation from the subdivi- 
sion of the empire into several partial confederacies, than 
from its union under one government. 

It is not, however, my design to dwell upon observations 
of this nature. I am aware it would be disingenuous to re- 
solve indiscriminately the opposition of any set of men 
into interested or ambitious views, merely because their 
situations might subject them to suspicion. Candor will 
oblige us to admit, that even such men may be actuated 
by upright intentions ; and it cannot be doubted that much 
of the opposition, which has already shown itself or that 
may hereafter make its appearance, will spring from 
sources blameless at least, if not respectable — the honest 
errors of minds led astray by preconceived jealousies and 
fears. So numerous indeed and so powerful are the causes 
which serve to give a false bias to the judgment, that we, 
upon many occasions, see wise and good men on the 
wrong as well as on the right side of questions of the first 

magnitude to society. This circumstance, if duly attended 
30 



226 THE AMERICAN SAFEGUARD. 

to, would always furnish a lesson of moderation to those, 
who are engaged in any controversy, however well per- 
suaded of being in the right. And a further reason for 
caution in this respect, might be drawn from the reflection 
that we are not always sure that those who advocate the 
truth are actuated by purer principles than their antago- 
nist. Ambition, avarice, personal animosity, party oppo- 
sition, and many other motives, not more laudable than 
these, are apt to operate as well upon those who support, 
as upon those who oppose, the right side of a question. 
Yfere there not even these inducements to moderation, 
nothing could be more ill-judged than that intolerant spirit, 
which has, at all times, characterized political parties. 
For, in politics as in religion, it is equally absurd to aim 
at making proselytes by fire and sword. Heresies in either 
can rarely be cured by persecution. 

JOHN JAY ON DANGERS FROM ABROAD. 

When the people of America reflect that the question 
now submitted to their determination is one of the most 
important that has engaged, or can well engage, their at- 
tention, the propriety of their taking a very comprehen- 
sive, as well as a very serious, view of it must be evident. 

Nothing is more certain than the indispensible necessity 
of government ; and it is equally undeniable, that wher- 
ever and however it is instituted, the people must cede to 
it some of their natural rights, in order to vest it with 
requisite powers. It is well worthy of consideration, 
therefore, whether it would conduce more to the interest 
of the people of America, that they should, for all gen- 
eral purposes, be one nation, under one federal govern- 
ment, than that they should divide themselves into sepa- 
rate confederacies, and give to the head of each the same 
kind of power which they are advised to place in one 
national government. 



EXTRACTS FROM THE FEDERALIST. 227 

It has until lately been a received and uncontradicted 
opinion, that the prosperity of the people of America 
depended on their continuing firmly united, and the 
wishes, prayers and efforts of our best and wisest citi- 
zens have been constantly directed to that object. But 
politicians now appear, who insist that this opinion is erro- 
nious, and that instead of looking for safety and happiness 
in union, we ought to seek it in a division of the States 
into distinct confederacies or sovereignties. However extra- 
ordinary this new doctrine may appear, it nevertheless has 
Its advocates; and certain characters, who were formerly 
much opposed to it, are at present of the number, What' 
ever may be the arguments or inducements which have 
wrought this change in the sentiments and declarations of 
these gentlemen, it certainly would not be wise in the 
people at large to adopt these new political tenets, without 
being fully convinced that they are founded in truth and 
sound policy, 

It has often given me pleasure to observe, that indepen- 
dent America was not composed of detached and distant 
territories, but that one connected, fertile, wide-spread 
county, was the portion of our western sons of liberty. 
Providence has in a particular manner blessed it with a 
variety of soils and productions, and watered it with in- 
numerable streams, for the delight and accommodation of 
Its inhabitants. A succession of navigable waters form 
a kind of chain round its borders as if to bind it together ; 
while the most noble rivers in the world, running at 
convenient distance, present him with highways for the 
easy communication of friendly aid, and the mutual trans- 
portation and exchange of their various commodities. 

With equal pleasure I have as often taken notice that 



228 THE AMERICAN SAFEGUARD. 

Providence has been pleased to give this one connected 
country to one united people — a people descended from 
the same ancestors, speaking the same language, professing 
the same religion, attached to the same principles of gov- 
ernment, very similar in their manners and customs, and 
who, by their joint councils, arms and efforts, fighting side 
by side, throughout a long and bloody war, have nobly 
established their general liberty and independence. 

This country and this people seem to have been made 
for each other, and it appears as if it was the design of 
Providence, that an inheritance so proper and convenient 
for a band of brethren, united to each other by the strong- 
est ties, should never be split into a number of unsocial, 
jealous, and alien sovereignties. 

Similar sentiments have hitherto prevailed among all orders 
and denominations of men among us. To all general pur- 
poses, we have enjoyed the same national rights, privileges, 
and protection. 

As a nation we have made peace and war ; as a nation we 
have vanquished our common enemies ; as a nation we have 
formed alliances and made treaties, and entered into various 
compacts and conventions with foreign states. A strong sense 
of the values and blessings of union induced the people, at a 
very early period, to institute a feeble government to preserve 
and perpetuate it. They formed it almost as soon as they 
had a political existence, nay, at a time when their habita- 
tions were in flames, when many of them were bleeding in 
the field, and when the progress of hostility and desolation 
left little room for those calm and mature inquiries and re- 
flections, which must ever precede the formation of a wise 
and well-balanced government for a free people. It is not to 
be wondered at, that a government instituted in times so in- 
auspicious, should on experiment be found greatly deficient, 
,and in adequate to the purpose it was intended to answer. 



EXTRACTS FROM THE FEDERALIST. 229 

This intelligent people perceived and regretted these de- 
fects. Still continuing no less attached to union than enam- 
ored of liberty, they observed the danger which immediately 
threatened the former and more remotely the latter; and 
being persuaded that ample security for both could only be 
found in a national government more wisely framed, they, as 
with one voice, convened the late Convention at Philadelphia, 
to take that important subject under consideration. 

This Convention, composed of men who possessed the con- 
fidence of the people, and many of whom had become highly 
distinguished by their patriotism, virtue, and wisdom in times 
which tried the souls of men, undertook the arduous task. 
In the mild season of peace, with minds unoccupied by other 
subjects, they passed many months in cool, uninterrupted and 
daily consultations ; and finally, without having been awed 
by power, or influenced by any passions, except love for their 
•country, they presented and recommended to the people the 
plan produced by their joint and very unanimous councils. 

Admit, for so is the fact, that this plan is only recom- 
mended, not imposed, yet let it be remembered, that it is nei- 
ther recommended to blind approbation, nor to blind repro- 
bation ; but to that sedate and candid consideration, which 
the magnitude and importance of the subject demands, and 
which it certainly ought to receive. But, as has been already 
remarked, it is more to be wished than expected, that it may 
be so considered and examined. Experience on a former oc- 
casion teaches us not to be too sanguine in such hopes. It is 
not yet forgotten that well grounded apprehensions of immi- 
nent danger induced the people of America to form the 
memorable Congress of 1774. That body recommended cer- 
tain measures to their constituents, and the event proved their 
wisdom ; yet it is fresh in our memories, how soon the press 
began to teem with pamphlets and weekly papers against 
those very measures. 

JSTot only many of the officers of government, who obeyed 



230 THE AMERICAN SAFEGUARD. 

the dictates of personal interest, but others, from a mistaken 
estimate of consequences, from the undue influence of ancient 
attachments, or whose ambition aimed at objects which did 
not correspond with the public good, w T ere indefatigable in 
their endeavors to persuade the people to reject the advice of 
that patriotic Congress. Many, indeed, were deceived and 
deluded, but the great majority reasoned and decided judi- 
ciously ; and happy they are in reflecting that they did so. 

They considered that the Congress was composed of many 
wise and experienced men. That being convened from differ- 
ent parts of the country, they brought with them and com- 
municated to each other a variety of useful information. 
That in the course of the time they passed together in inquir- 
ing into and discussing the true interest of their country, they 
must have acquired very acurate knowledge on that head. 
That they were individually interested in the public liberty 
and prosperity, and therefore that it was not less their inclina- 
tion than their duty, to recommend such measures only as, 
after the most mature deliberation,, they really thought pru- 
dent and advisable. 

These and similar considerations then induced the people 
to rely greatly on the judgment and integrity of the Congress ; 
and they took their advice, notwithstanding the various arts 
and endeavors used to deter and dissuade them from it. But 
if the people at large had reason to confide in the men of that 
Congress, few of whom had then been fully tried or generally 
known, still greater reason have the}^ now to respect the judg- 
ment and advice of the convention ; for it is well known that 
some of the most distinguished members of that Congress, 
who have been since tried and justly approved for patriotism 
and abilities, and who have grown old in acquiring political 
information, were also members of this Convention, and car- 
ried into it their accumulated knowledge and experience. 

It is worthy of remark, that not only the first, but every 
succeeding Congress, as well as the late Convention^ have 



EXTRACTS FROM THE FEDERALIST. 231 

invariably joined with the people in thinking that the 
prosperity of America depended on its union. To pre- 
serve and perpetuate it, was the great object of the people 
in forming that Convention, and it is also the great object 
of the plan which the Convention has advised them to 
adopt. With what propriety, therefore, or for what good 
purposes, are attempts at this particular period made, by 
some men, to deprecate the importance of the Union ? Or, 
why is it suggested that three or four confederacies would 
be better than one ? I am persuaded in my own mind 
that the people have always thought right on this subject, 
and that their universal and uniform attachment to the 
cause of the Union, rests on great and weighty reasons. 
They who promote the idea of substituting a number of 
distinct confederacies in the room of the plan of the con- 
vention, seem clearly to foresee that the rejection of it 
would put the continuance of the Union in the utmost 
jeopardy. That certainly would be the case; and I sin- 
cerely wish that it may be as clearly foreseen by every 
good citizen, that whenever the dissolution of the Union 
arrives, America will have reason to exclaim in the words 
of the poet— Farewell ! a long farewell to all my greatness ! 

HAMILTON ON THE EVILS OF THE OLD CONFEDERATION. 

We may indeed, with propriety, be said to have reached 
almost the last stage of national humiliation. There is 
is scarcely anything that can wound the pride, or degrade 
the character, of an independent people, which we do not 
experience. Are there engagements, to the performance 
of which we are held by every tie respectable among men ? 
These are the subjects of constant and unblushing viola- 
tion. Do we owe debts to foreigners, and to our own citi- 
zens, contracted in a time of imminent peril, for the pres- 



232 THE AMERICAN SAFEGUARD. 

ervation of our political existence. These remain without 
any proper or satisfactory provision for their discharge. 
Have we valuable territories and important posts in the 
possession of a foreign power, which, by express stipula- 
tions, ought long since to have been surrendered ? These 
are still retained, to the prejudice of our interests not less 
than of our rights. Are we in a condition to resent or to 
repel the aggression ? We have neither troops, nor treasure, 
nor government. Are we even in a condition to remon- 
strate with dignity ? The just imputations on our own 
faith, in respect to the same treaty, ought first to be 
removed. Are we entitled, by nature and compact, to a 
free participation in the navigation of the Mississippi t 
Spain excludes us from it. Is public credit an indispensa- 
ble resource in time of public danger ? We seem to have 
abandoned its cause as desperate and irretrievable. Is 
commerce of importance to national wealth ? Ours is at 
the lowest point of declention. Is respectability in the 
eyes of foreign powers, a safeguard against foreign en- 
croachments ? The imbecility of our Government even 
forbids them to treat with us ; our ambassadors abroad are 
the mere pageants of mimic sovereignty. Is a violent 
and unnatural decrease in the value of land, a symptom 
of national distress ? The price of improved land, in 
most parts of the country, is much lower than ean be ac- 
counted for by the quantity of waste land at market, and 
can only be fully explained by that want of private and 
public confidence, which are so alarmingly prevalent 
among all ranks, and which have a direct tendency to de- 
preciate property of every kind. Is private credit the 
friend and patron of industry ? That most useful kind, 
which relates to borrowing and lending, is reduced within 
the narrowest limits, and this still more from an opinion 



EXTRACTS FROM THE FEDERALIST. 238 

of insecurity than from a scarcity of money. To shorten 
an enumeration of particulars which can afford neither 
pleasure nor instruction, it may in general be demanded, 
what indication is there of national disorder, poverty, and 
insignificance, that could befall a community so peculiarly 
blessed with natural advantages as Ave are, which does not 
form a part of the dark catalogue of our public misfor- 
tunes ? This is the melancholy situation to which we 
have been brought by those very maxims and counsels, 
which would now deter us from adopting the proposed 
Constitution ; and which, not content with having con- 
ducted us to the brink of a precipice, seem resolved to 
plunge us into the abyss that awaits us below. Here, my 
countryman, impelled by every motive that ought to influ- 
ence an enlightened people, let us make a firm stand for 
our safety, our tranquility, our dignity, our reputation. 
Let us at last break the fatal charm which has too long 
seduced us from the path of felicity and prosperity. 

A circumstance which crowns the defects of the confed- 
eration remains yet to be mentioned — the want of a judi- 
ciary power. 

Laws are a dead letter, without courts to expound and 
define their true meaning and .operation. The treaties of 
the United States, to have any force at all, must be con- 
sidered as part of the law of the land. Their true import, 
as far as respects individuals, must, like all other laws, be 
ascertained by judicial determinations. To produce uni- 
formity in these determinations, they ought to be submit- 
ted, in the last resort, to one supreme tribunal. And this 
tribunal ought to be instituted under the same authorities 
which form the treaties themselves. These ingredients 
are both indispensable. If there is in each' State a court 
of final jurisdiction, there may be as many different final 



234 THE AMERICAN SAFEGUARD. 

determinations on the same point as there are courts. 
There are endless diversities in the opinions of men. We 
often see not only different courts, but the judges of the 
same court, differing from each other. To avoid the con- 
fusion which would unavoidably result from the contra- 
dictory decisions of a number of independent judicatories, 
all nations have found it necessary to establish one tribu- 
nal paramount to the rest, possessing a general superin- 
tendence, and authorized to settle and declare in the last 
resort a uniform rule of civil justice. 

TENDENCY OF UNION TO SUPPRESS FACTION — MADISON. 

Among the numerous advantages promised by a well 
constructed union, none deserves to be more accurately 
developed than its tendency to break and control the vio- 
lence of faction. The friend of popular governments 
never finds himself so much alarmed for their character 
and fate, as when he contemplates their propensity to 
this dangerous vice. He will not fail, therefore, to set 
a due value on any plan which, without violating the 
principles to which he is attached, provides a proper 
cure for it. The instability, injustice and confusion intro- 
duced into the public councils, have, in truth, been the 
mortal diseases under which popular governments have 
everywhere perished ; as they continue to be the favorite 
and fruitful topics from which the adversaries to liberty 
derive their most specious declamations. The valuable 
improvements made by the American constitutions on the 
popular models, both ancient and modern, cannot certainly 
be too much admired ; but it would be an unwarrantable 
partiality to contend that they have as effectually obviated 
the danger on this side as was wished and expected. 

Complaints are everywhere heard from our most consid- 
erate and virtuous citizens, equally the friends of public 



EXTRACTS FROM THE FEDERALIST. 235 

and private faith, and of public and personal liberty, that 
our governments are too unstable ; that the public good is 
disregarded in the conflicts of rival parties; and that meas- 
ures are too often decided, not according to the rules of 
justice and the rights of the minor party, but by the superior 
force of an interested and overbearing majority. However 
anxious We may wish that these complaints had no founda- 
tion, the evidence of known facts will not permit us to deny 
that they are in some degree true. It will be found, indeed, 
on a candid review of our situation, that some of the dis- 
tresses under which we labor have been erroneously charged 
on the operation of our governments ; but it will be found, at 
the same time, that other causes will not alone account for 
many of our heaviest misfortunes ; and particularly for that 
prevailing and increasing distrust of public engagements, and 
alarm for private rights, which are echoed from one end of 
the continent to the other. These must be chiefly, if not 
wholly, effects of the unsteadiness and injustice with which a 
factious spirit has tainted our public administrations. 



MADISON ON THE POWERS OF THE CONVENTION. 

The first question that offers itself is, whether the general 
form and aspect of the government be strictly republican ? 
It is evident that no other form would be reconcilable with 
the genius of the people of America ; with the fundamental 
principles of the Revolution, or with that honorable deter- 
mination which animates every votary of freedom, to rest 
all our political experiments on the capacity of mankind for 
self-government. If the plan of the convention, therefore, 
be found to depart from the the republican character, its ad- 
vocates must abandon it as no longer defensible. 

What then are the distinctive characters of the republican 
form ? Were an answer to this question to be sought, not by 
recurring to principles, but in the application of the term by 



236 THE AMERICAN SAFEGUARD. 

political writers, to the Constitutions of different States, no 
satisfactory one would ever be found. 

Holland, in which no particle of the supreme authority is 
derived from the people, has passed almost universally under 
the denomination of a republic. The same title has been be- 
stowed on Venice, where absolute power over the great body 
of the people is exercised, in the most absolute manner, by 
a small body of hereditary nobles. Poland, which is a mix- 
ture of aristocracy and of monarchy in the worst forms, has 
been dignified with the same appellation. The Government 
of England, which has one republican branch only, combined 
with an hereditary aristocracy and monarchy, has, with equal 
impropriety, been frequently placed on the list of republics. 
These examples, which are nearly as dissimilar to each other as 
to a genuine republic, show the extreme inaccuracy with which 
the term has been used in political disquisitions. If we resort 
for a criterion to the different principles on which different 
forms of government are established, we may define a repub- 
lic to be, or at least may bestow that name on, a government 
which derives all its powers directly or indirectly from the 
great body of the people, and is administered by persons 
holding their offices during pleasure, for a limited period, or 
during good behavior. It is essential to such a government 
that it be derived from the great body of the society ; not 
from an inconsiderable proportion, or a favored class of it ; 
otherwise a handful of tyrannical nobles, exercising their op- 
pressions by a delegation of their powers, might aspire to the 
rank of republicans, and claim for .their government the 
honorable title of republic. It is sufficient for such a gov- 
ernment, that the persons administering it be appointed, 
either directly or indirectly, by the people ; and that they 
hold their appointments by either of the tenures just specified ; 
otherwise every government in the United States, as well as 
every other popular government that has been or can be well 
organized, or well executed, would be degraded from the 



EXTRACTS FROM THE FEDERALIST. 237 

republican character. According to the Constitution of 
every State in the Union, some one or other of the officers of 
Government are appointed indirectly only by the people. 
According to most of them, the Chief Magistrate himself is 
so appointed. And according to one, this mode of appoint- 
ment is extended to one of the co-ordinate branches of the 
Legislature. According to all the Constitutions also, the 
tenure of the highest officers is extended to a definite period, 
and in many instances, both within the Legislative and Ex- 
ecutive departments, to a period of years. According to the 
provisions of most of the Constitutions, again, as well as ac- 
cording to the most respectable and received opinions on the 
subject, the members of the judiciary department are to 
retain their offices by the firm tenure of good behavior. 

On comparing the Constitution planned by the convention 
with the standard here fixed, we perceive at once that it is, 
in the most rigid sense, conformable to it. The House of 
Representatives, like that of one branch at least of the State 
Legislatures, is elected immediately by the great body of the 
people. The Senate, like the present Congress and the Senate 
of Maryland, derives its appointments indirectly from the 
the people. The President is indirectly derived from the 
choice of the people, according to the example in most of the 
States. Even the judges, with all other officers of the Union, 
will, as in the several States, be the choice, though a 
remote choice, of the people themselves. The duration of 
the appointments is equally conformable to the republican 
standard, and to the model of the State Constitutions. The 
House of Representatives is periodically elective, as in all 
the States ; and for the period of two years, as in the State 
of South Carolina. The Senate is elective, for the period of 
six years ; which is but one year more than the period of the 
Senate of Maryland, and but two more than that of the 
Senates of New York and Virginia. The President is to 
continue in office for the period of four years ; as in New 



238 THE AMERICAN SAFEGUARD. 

York and Delaware, the Chief Magistrate is elected for three 
years, and in South Carolina for two years. In the other 
States the election is annual. In several of the States, how- 
ever, no explicit provision is made for the impeachment of 
the Chief Magistrate ; and in Delaware and Virginia he is 
not impeachable till out of office. The President of the 
United States is impeachable at any time during his contin- 
uance in office. The tenure by which the judges are to hold 
their places is, as it unquestionably ought to be, that of good 
behavior. The tenure of the ministerial offices generally will 
be a subject of legal regulation, conformable to the reason of 
the case and the example of the State Constitutions. 

Could any further proof be required of the republican 
complexion of this system, the most decisive one might 
be found in its absolute prohibition of titles of nobility, 
both under the Federal and the State governments, and 
in its express guaranty of the republican form to each of 
the latter. 

But it was not sufficient, say the adversaries of the pro- 
posed Constitution, for the convention to adhere to the re- 
publican form, which regards the union as a confederacy 
of sovereign states; instead of which they have framed a 
national government, which regards the union as a consol- 
idation of the States. And it is asked by what authority 
this bold and radical innovation was undertaken? The 
handle which has been made of this objection requires 
that it should be examined with some precision. 

Without inquiring into the accuracy of the distinction 
on which the objection is founded, it will be necessary to 
a just estimate of its force, first, to ascertain the real 
character of the government in question ; secondly, to in- 
quire how far the convention were authorized to propose 
such a government; and, thirdly, how far the duty they 
owed to their country could supply any defect of .regular 
authority. 



EXTRACTS FROM THE EEDERALIST. 239 

First. Iii order to ascertain the real character of the 
government, it may be considered in relation to the foun- 
dation on which it is to he established ; to the sources from 
which its ordinary powers are drawn ; to the operation of 
those powers ; to the extent of them ; and to the authority 
by which future changes in the government are to be in- 
troduced. 

On examining the first relation, it appears, on one hand, 
that the Constitution is to be founded on the assent and 
ratification of the people of America, given by deputies 
elected for the special purpose; but on the other, that this 
assent and ratification is to be given by the people, not as 
individuals composing one entire nation, but as compos- 
ing the distinct and independent States to which they re- 
spectively belong. It is to be the assent and ratification of 
the several States, derived from the supreme authority in 
each State, the authority of the people themselves. The 
act, therefore, establishing the Constitution, will not be a 
national, but a federal act. That it will be a federal, and 
not a national act, as these terms are understood by the 
objectors, the act of the people, as forming so many in- 
dependent States, not as forming one aggregate nation, 
is obvious from this single consideration, that it is to 
result neither from the decision of a majority of the 
people of the Union, nor from that of a majority of the 
States. ' It must result from the unanimous assent of the 
several States that are parties to it, differiug no otherwise 
from their ordinary assent than in its beiug expressed, not 
by the legislative authority, but by that of the people them- 
selves. Were the people regarded in this transaction as 
forming one nation, the will of the majority of the whole 
people of the United States would bind the minority; in 
the same manner as the majority in each State must bind 



240 THE AMERICAN SAFEGUARD. 

the minority; and the will of the majority must be deter- 
mined either by a comparison of the individual votes, or 
by considering the will of the majority of the States, as 
evidence of the will of the majority of the people of the 
United States. Neither of these rules has been adopted. 
Each State, in ratifying the Constitution, is considered as 
a sovereign body, independent of all others, and only to 
be bound by its own voluntary act. In this relation, then, 
the new Constitution will, if established, be a federal and 
not a national Constitution. 

The next relation is, to the sources from which the ordi- 
nary powers of government are to be derived. The House 
of Representatives will derive its powers from the people 
of America, and the people will be represented in the 
same proportion, and on the same principle, as they are in 
the Legislature of a particular State. So far the govern- 
ment is national, not federal. The Senate, on the other 
hand, will derive its powers from the States, as political 
and coequal societies ; and these will be reperesented on 
the principle of equality in the Senate, as they now are in 
the existing Congress. So far the government is federal, 
not national. The executive power will be derived from a 
very compound source. The immediate election of the 
President is to be made by the States in their political 
characters. The votes allotted to them are in a compound 
ratio, which considers them partly as distinct and coequal 
societies ; partly as unequal members of the same society. 
The eventual election, again, is to be made by that branch 
of the legislature which consists of the national represent- 
atives; but in this particular act, they are to be thrown 
into the form of individual delegations, from so many dis- 
tinct and. coequal bodies politic. From this aspect of the 
government, it appears to be of a mixed character, pre- 
senting at least as many federal as national features. The 
difference between a federal and national government, as 



EXTRACTS FROM THE FEDERALIST. 241 

it relates to the operation of the government, is by the adver- 
saries of the plan of the Convention supposed to consist 
in this, that in the former, the powers operate on the politi- 
cal bodies composing the Confederacy, in their political 
capacities; in the latter, on the individual citizens compos- 
ing the nation, in their individual capacities. On trying the 
Constitution by this criterion, it falls under the national, 
not the federal character, though perhaps not so com- 
pletely as has been understood. In several cases, and par- 
ticularly in the trial of controversies to which States may 
be parties, they must be viewed and proceeded against in 
their collective and political capacities only. But the ope- 
ration of the government on the people in their individual 
capacities, in its ordinary and most essential proceedings, 
will, on the whole, in the sense of its opponents, designate 
t, in this relation, a national government. 

But if the government be national, with regard to the 
operation of its powers, it changes its aspect again when 
we contemplate it in relation to the extent of its powers. 
The idea of a national government involves in it, not only 
an authority over the individual citizen, but an indefinite 
supremacy over all persons and things, so far as they are 
objects of lawful government. Among a people consoli- 
dated into one nation, this supremacy is completely vested 
in the national legislature. Among communities united 
tor particular purposes, it is vested partly in the general 
and partly in the municipal legislatures. In the former 
case, all local authorities are subordinate to the supreme, 
and may be controlled, directed, or abolished by it at pleas- 
ure. In the latter, the local or municipal authorities form 
distinct and independent portions of the supremacy, no 
more subject, within their respective spheres, to the gen- 
eral authority, than the general authority is subject to them 
within in its own sphere. In this relation, then, the pro- 
posed government cannot be deemed a national one ; since 
32 



242 THE AMERICAN SAFEGUARD. 

its jurisdiction extends to certain enumerated objects only, 
and leaves to the several States a residuary and inviolable 
sovereignty over all other objects. It is true, that in con- 
troversies relating to the boundary between the two juris- 
dictions, the tribunal which is ultimately to decide is to be 
established under the general government. But this does 
not change the principle of the ease. The decision is to 
be impartially made, according to the rules of the Consti- 
tution ; and all the usual and most effectual precautions are 
to secure this impartiality. Some such tribunal is clearly 
essential to prevent an appeal to the sword, and a dissolu- 
tion of the compact ; and that it ought to be established 
under the general, rather than under the local government ; 
or, to speak more properly, that it could be safely estab- 
lished under the first alone, is a position not likely to be 
combatted. 

If we try the Constitution by its last relation, to the au- 
thority by which amendments are to be made, we find it 
n either wh ol ly na tional n or wh oily federal. Were it wh oily 
national, the supreme and ultimate authority would reside 
in the majority of the people of the Union ; and this author- 
ity would be competent at all times, like that of a majority 
of every national society, to alter or abolish its established 
government. Were it wholly federal, on the other hand, 
the concurrence of each State in the Union would be essen- 
tial to every alteration that would be binding on all. The 
mode provided by the plan of the convention, is not- 
founded on either of these principles.- In requiring more 
than a majority, and particularly in computing the propor- 
tion hy -States, not by citizens, it departs from the national 
and advances towards the federal character. In rendering 
the concurrence of less than the whole number of States 
sufficient, it loses again the federal, and partakes of the 
national character. 

The proposed Constitution, therefore, even when tested 



EXTRACTS FROM THE FEDERALIST. 243 

by the rules laid clown by its antagonists, is, in strictness, 
neither a national nor a federal Constitution; but a compo- 
sition of both. In its foundation it is federal, not national;: 
in the sources from which the ordinary powers of govern- 
ment are drawn, it is partly federal and partly national ; in 
the operation of these powers, it is national, not federal; 
in the extent of them, again, it is federal, not national ; 
and, finally, in the authoritative mode of introducing" 
amendments, it is neither wholly federal nor wholly na- 
tional. 

THE MAXIM WHICH REQUIRES A SEPARATIOX OF THE DEPART- 
MENTS OF POWER, BY MADISOX. 

One of the principle objections inculcated by the more 
respectable adversaries to the Constitution, is its supposed 
violation of the political maxim, that the legislative, execu- 
tive and judiciary departments ought to be separated and 
distinct. In the structure of the federal government, no 
regard, it is said, seems to have been paid to this essential 
precaution in favor of liberty. The several departments 
of power are distributed and blended in such a manner as 
at once to destroy all symmetry and beauty of form; and 
to expose some of the essential parts of the edifice to the 
danger of being crushed by the disproportionate weight of 
other parts. 

No political truth is certainly of greater intrinsic value, 
or is stamped with the authority of more enlightened pat- 
rons of liberty, than that on which the objection is 
founded. The accumulation of all power, legislative, ex- 
ecutive and judiciary, in the same hands, whether of one, 
a few, or many, and whether hereditary, self-appointed, or 
elective, may justly be pronounced the very definition of 
tyranny. Were the federal Constitution, therefore, really 
chargeable with this accumulation of power, or with a 
mixture of powers, having a dangerous tendency to such 



244 THE AMERICAN SAFEGUARD. 

an accumulation, no further arguments would be necessary 
to inspire a universal reprobation of that system. I per- 
suade myself, however, that it will be made apparent to 
every one, that the charge cannot be supported, and that 
the maxim on which it relies has been totally misconceived 
and misapplied. In order to form correct ideas on this 
important subject, it will be proper to investigate the sense 
in which the preservation of liberty requires that these 
three great departments of power should be separate and 
distinct. 

The oracle who is always consulted and cited on this 
subject, is the celebrated Montesquieu. If he be not the 
author of this invaluable precept in the science of politics, 
he has the merit at least of displaying and recommending 
it most effectively to the attention of mankind. Let us 
endeavor, in the first place, to ascertain his meaning on 
this point. 

The British Constitution was to Montesquieu what Ho- 
mer has been to the didactic writers on epic poetry. As the 
latter have considered the work of the immortal bard as the 
perfect model from which the principles and rules of the^epic 
art were to be drawn, and by which all similar works were 
to be judged; so this great political critic appears to have 
viewed the Constitution of England as the standard, or to 
use his own expression, as the mirror of political liberty; 
and to have delivered, in the form of elementary truths, 
the several characteristic principles of that particular sys- 
tem. That we may be sure, then, not to mistake his mean- 
ing in this case, let us recur to the source from which the 
maxim was drawn. 

On the slightest view of the British Constitution, we 
must perceive that the legislative, executive and judiciary 
departments, are by no means totally separate and distinct 






EXTRACTS FROM THE FEDERALIST. 245 

from each other. The executive magistrate forms an inte- 
gral part of the legislative authority. He alone has the 
prerogative of making treaties with foreign sovereigns, 
which, when made, have, under certain limitations, the 
force of legislative acts. All the members of the judiciary 
department are appointed by him ; can be removed by him 
on the address of the two houses of Parliament, and form, 
when he pleases to consult them, one of his constitutional 
councils. One branch of the legislative department forms 
also a great constitutional council to the executive chief; 
as on another hand, it is the sole depository of judicial 
power in cases of impeachment, and is invested with the 
supreme appellate jurisdiction in all other cases. 

The judges, again, are so far connected with the legisla- 
tive department as often to attend and participate in its 
deliberations, though not admitted to a legislative vote. 

From these facts, by which Montesquieu was guided, it 
may clearly be inferred that in saying "there can be no 
liberty where the legislative and executive powers are 
united in the same person or body of magistrates;" or, 
"if the power of judging be not separated from the legis- 
lative and executive powers," he did not mean that these 
departments ought to have no partial agency in, or no con- 
trol over the acts of each other. His meaning, as his own 
words import, and still more conclusively as illustrated by 
the example in his eye, can amount to no more than this, 
that where the whole power of one department is exer- 
cised by the same hands which possess the whole power of 
aD other department, the fundamental principles of a free 
constitution are subverted. This would have been the 
case in the constitution examined by him, if the King, 
who is the sole executive magistrate, had possessed also 
the complete legislative power, or the supreme administra- 
tion of justice; or if the entire legislative body had pos- 
sessed the supreme judiciary, or the supreme executive 



246 THE AMERICAN SAFEGUARD. 

authority. This, however, is not among the vices of that 
constitution. The magistrate, in whom the whole execu- 
tive power resides, cannot of himself make a law, though 
he can put a negative on every law ; nor administer jus- 
tice in person, though he has the appointment of those 
who do administer it. The judges can exercise no ex- 
ecutive prerogative, though they are shoots from the ex- 
ecutive stock; nor any legislative function, though they 
may be advised with by the legislative councils. The en- 
tire legislature can perform no judiciary act; though by 
the joint act of two of its branches, the judges may be re- 
moved from their offices ; and though one of its branches 
is possessed of the judicial power in the last resort. The 
entire legislature again can exercise no executive preroga- 
tive, though one of its branches constitutes the supreme 
executive magistracy; and another, on the impeachment 
of a third, can try and condemn all the subordinate officers 
in the executive department. 

The reasons on which Montesquieu grounds his maxim are 
a further demonstration of his meaning. " When the legis- 
lative and executive powers are united in the same person or 
body," says he, " there can be no liberty, because apprehen- 
sions may arise lest the same monarch or senate should enact 
tyrannical laws to execute them in a tyrannical manner." 
Again, " Were the power of judging joined with the legis- 
lative, the life and liberty of the subject would be exposed to 
arbitrary control, for the judge would then be the legislator. 
Were it joined to the executive power, the judge might be- 
have with all the violence of an oppressor" Some of these 
reasons are more fully explained in other passages ; but briefly 
stated as they are here, they sufficiently establish the mean- 
ing which we have put on this celebrated maxim of this cele- 
brated author. 

If we look into the Constitutions of the several States, we 
find, that, notwithstanding the emphatical, and in some in- 



EXTRACTS FROM THE FEDERALIST. 247 

stances, the unqualified terms in which this axiom has been 
laid down, there is not a single instance in which the several 
departments of power have been kept absolutely separate and 
distinct. New Hampshire, whose Constitution was the last 
formed, seems to have been fully aware of the impossibility 
and inexpediency of avoiding any mixture whatever of these 
departments ; and has qualified the doctrine by declaring 
" that the legislative, executive and judiciary powers ought to 
be kept as separate from, and independent of each other, as 
the nature of a free government will admit / or as is con- 
sistent with that chain of connection, that hinds the whole 
fabric of the Constitution in one indissoluble bond of imity 
and amity ." Her Constitution accordingly mixes these de- 
partments in several respects. The Senate, which is a branch 
of the legislative department, is also a judicial tribunal for 
the trial of impeachments. The President, who is the head 
of the executive department, is the presiding member also of 
the Senate ; and, besides an equal vote in all cases, has a 
casting vote in case of a tie. . The Executive head is himself 
eventually elective every year by the legislative department ; 
and his council is every year chosen by and from the mem- 
bers of the same department. Several of the officers pf State 
are also appointed by the Legislature. And the members of 
the judiciary department are appointed by the Executive de- 
partment. 

The Constitution of Massachusetts has observed a sufficient, 
though less pointed caution, in expressing this fundamental 
article of liberty. It declares, " that the legislative depart- 
ment shall never exercise the executive and judicial powers, 
or either of them : the executive shall never exercise the 
legislative and judicial powers, or either of them; the judi- 
cial shall never exercise the legislative and executive pow- 
ers, or either of them.*' This declaration corresponds pre- 
cisely with the doctrine of Montesquieu, as it has been ex- 
plained, and is not in a single point violated by the plan 



248 THE AMERICAN SAFEGUARD. 

of the convention. It goes no farther, than to prohibit any 
one of the entire departments from exercising the powers- 
of another department. In the very Constitution to which 
it is prefixed, a partial mixture of powers has "been ad- 
mitted. The Executive Magistrate has a qualified negative 
on the legislative body ; and the Senate, which is a part of 
the Legislature, is a court of impeachment for members both 
of the executive and judicial departments. The members of 
the judiciary department, again, are appointable by the ex- 
ecutive department, and removable by the same authority, on 
the address of the two legislative branches. Lastly, a num- 
ber of the officers of Government are annually appointed by 
the legislative department, As the appointment to offices^ 
particularly executive offices, is in its nature an executive 
function, the compilers of the Constitution have, in this last 
point at least, violated the rule established by themselves. 

I pass over the Constitutions of Ehode Island and Con- 
necticut, because they were formed prior to the revolution ; 
and even before the principle under examination had become 
an object of political attention. 

The Constitution of New York contains no declaration on 
this subject ; but appears very clearly to have been framed 
with an eye to the danger of improperly blending the 
different departments. It gives, nevertheless, to the Execu- 
tive Magistrate, a partial control over the legislative depart- 
ment ; and, what is more, gives a like control to the judiciary 
department ; and even blends the executive and judiciary 
departments in the exercise of this control. In its council of 
appointment, members of the legislative are associated with 
the executive authority, in the appointment of officers, both 
executive and judiciary. And its court for the trial of im- 
peachments and correction of errors, is to 'consist of one 
branch of the legislature and the principal members of the 
judiciary department. 

The Constitution of New Jersey has blenched the different 



EXTRACTS FROM THE FEDERALIST. 249 

powers of Government more than any of the preceding. The 
Governor, who is the Executive Magistrate, is appointed by 
the Legislature ; is chancellor and ordinary, or surrogate of 
the State ; is a member of the supreme court of appeals, and 
president with a casting vote of one of the legislative branches. 
The same legislative branch acts acfain as executive council 
of the Governor, and with him constitutes the court of ap- 
peals. The members of the judiciary department are ap- 
pointed by the legislative department, and removable by one 
branch of it on the impeachment of the other. 

According to the Constitution of Pennsylvania,* the presi- 
dent, who is head of the executive department, is annually 
elected by a vote in which the legislative department pre- 
dominates. In conjunction with an executive council, he 
appoints the members of the judiciary department, and forms 
a court of impeachment for trial of all officers, judiciary as 
well as executive. The judges of the supreme court, and 
justices of the peace, seem also to be removable by the 
legislature ; and the executive power of pardoning in certain 
cases to be referred to the same department. The members 
of the executive council are made ex officio justices of peace 
throughout the State. 

In Delaware," the chief executive magistrate is annually 
elected by the legislative department. The speakers of the 
two legislative branches are vice-presidents in the executive 
department. The executive chief, with six others, appointed, 
three by each of the legislative branches, constitute the su- 
preme court of appeals ; he is joined with the legislative de- 
partment in the appointment of the other judges. Through- 
out the States, it appears the members of the legislature may 
at the same time be justices of the peace. In this State, the 
members of one branch of it are ex officio justices of the 
peace ; as are also the members of the executive council. 
The principal officers of the executive department are ap- 



The Constitutions of these States have been since altered. 
31 



250 THE AMERICAN SAFEGUARD. 

pointed by the legislative ; and one branch of the latter forms 
a court of impeachments. All officers may be removed on 
address of the legislature. 

Maryland has adopted the maxim in the most unqualified 
terms ; declaring that the legislative, executive and judicial 
powers of government ought to be forever separate and dis- 
tinct from each other. Her constitution, notwithstanding, 
makes the executive magistrate appointable by the legislative 
department; and the members of the judiciary by the execu- 
tive department. 

The language of Virginia is still more pointed on' this sub- 
ject. Her constitution declares " that the legislative,, execu- 
tive and judicial departments shall be separate and distinct ; 
so that neither exercise the powers properly belonging to the 
other ; nor shall any person exercise the powers of more than 
one of them at the same time ; except that the justices of 
county courts shall be eligible to either house of assembly." 
Yet we find not only this express exception, with respect to 
the members of the inferior courts, but that the chief magis- 
trate, with his executive council, are appointable by the legis- 
lature ; that two members of the latter are triennially dis- 
placed at the pleasure of the legislature ; and that all the 
principal offices, both executive and judiciary, are filled by 
the same department. The executive prerogative of pardon- 
ing, also, is in one case vested in the legislative department. 

The constitution of North Carolina, which declares " that 
the legislative, executive and supreme judicial powers of gov- 
ernment ought to be forever separate and distinct from each 
other," refers at the same time to the legislative department, 
the appointment not only of the executive chief, but all the 
principal officers within both that and the judiciary depart- 
ment. 

In South Carolina, the constitution makes the executive 
magistracy eligible by the legislative department. It gives 
to the latter, also, the appointment of the members of the ju- 



EXTRACTS FROM THE FEDERALIST. 251 

dieiary department, including even justices of the peace and 
sheriffs ; and the appointment of officers in the executive de- 
partment, down to captains in the army and navy of the state. 

In the constitution of Georgia, where it is declared " that 
the legislative, executive and judiciary departments shall be 
separate and distinct, so that neither exercise the powers 
properly belonging to the other," we find that the executive 
department is to be filled by appointments of "the legislature; 
and the executive prerogative of pardoning to be finally ex- 
ercised by the same authority. Even justices of the peace are 
to be appointed by the legislature. 

In citing these cases in which the legislative, executive, 
and judiciary departments, have not been kept totally sepa- 
rate and distinct, I wish not to be regarded as an advocate 
for the particular organizations of the several State govern- 
ments. I am fully aware, that among the many excellent 
principles which they exemplify, they carry strong marks of 
the haste, and still stronger of the inexperience, under which 
they were framed. It is but too obvious, that in some in- 
stances, the fundamental principle under consideration, has 
been violated by too great a mixture, and even an actual con- 
solidation of the different powers ; and that in no instance 
has a competent provision been made for maintaining in 
practice the separation delineated on paper. What I have 
wished to evince is, that the charge brought against the pro- 
posed Constitution, of violating a sacred maxim of free gov- 
ernment, is warranted neither by the real meaning annexed 
to that maxim by its author, nor by the sense in which it has 
hitherto been understood in America. This interesting sub- 
ject will be resumed in the ensuing paper. 

Publiijs. 



252 THE AMERICAN SAFEGUARD. 



WITH A VIEW TO THE MEANS OF 
GIVING EFFICACY IN PRACTICE TO THAT MAXIM. 

It was shown in the last paper, that the political apothegm 
there examined, does not require that the legislative, execu- 
tive and judiciary departments should be wholly unconnected 
with each other. I shall undertake, in the next place, to 
show that, unless these departments be so far connected and 
blended, as to give to each a constitutional control over the 
others, the degree of separation which the maxim requires, as 
essential to a free government, can never in practice be duly 
maintained. 

It is agreed on all sides, that the powers properly belonging 
to one of the departments ought not to be directly and com- 
pletely administered .by either of the other departments. It 
is equally evident that neither of them ought to possess, di- 
rectly or indirectly, an overruling influence over the others in 
the administration of their respective powers. It will not be 
denied that power is of an encroaching nature, and that it 
ought to be effectually restrained from passing the limits as- 
signed to it. After discriminating, therefore, in theory, the 
several classes of power, as they may in their nature be legis- 
lative, executive or judiciary; the next, and most difficult 
task, is to provide some practical security for each, against 
the invasion of the others. What this security ought to be, 
is the great problem to be solved. 

Will it be sufficient to mark, with precision, the bound- 
aries of these departments, in the constitution of the gov- 
ernment, and to trust to these parchment barriers against 
the encroaching spirit of power? This is the security 
which appears to have been principally relied on by the 
compilers of most of the American constitutions. But 
experience assures us, that the efficacy of the provision 
has been greatly overrated; and that some more adequate 
defense is indispensably necessary for the more feeble, 



i 



EXTRACTS FROM THE FEDERALIST. 253 

against the more powerful members of the government. 
The legislative department is everywhere extending the 
sphere of its activity, and drawing all power into its im- 
petuous vortex. 

The founders of our republics have so much merit for 
the wisdom which they have displayed, that no task can 
be less pleasing than that of pointing out the errors into 
which they have fallen. A respect for truth, however, 
obliges us to remark, that they seem never for a moment 
to have turned their eyes from the danger to liberty, from 
the overgrown and all-grasping prerogative of an hereditary 
magistrate, supported and fortified by an hereditary- branch 
of the legislative authority. They seem never to have 
recollected the danger from legislative usurpations, which, 
by assembling all power in the same hands, must lead to 
the same tyranny as is threatened by executive usurpations. 

In a government where numerous and extensive prerog- 
atives are placed in the hands of an hereditary monarch, 
the executive department is very justly regarded as the 
source of danger, and watched with all the jealousy which 
a zeal for liberty ought to inspire. In a democracy, where 
a multitude of people exercise in person the legislative 
functions, and are continually exposed, by their incapacity 
for regular deliberation and concerted measures, to the 
ambitious intrigues of their executive magistrates, tyranny 
may well be apprehended on some favorable emergency, 
to start up in the same quarter. But in a representative 
republic, where the executive magistracy is carefully lim- 
ited, both in the extent and the duration of its power; and 
where the legislative power is exercised by an assembly, 
which is inspired by a supposed influence over the people, 
with an intrepid confidence in its own strength; which is 
sufficiently numerous to feel all the passions which actuate 
a multitude; yet not so numerous as be incapable of pur- 
suing the objects of its passions, by means which reason 



254 THE AMERICAN SAFEGUARD. 

prescribes; it is against the enterprising ambition of this 
department, that the people ought to indulge all their jeal- 
ousy, and exhaust all their precautions. 

The legislative department derives a superiority in our 
governments from other circumstances. Its constitutional 
powers being at once more extensive, and less susceptible 
of precise limits, it can, with the greater facility, mask, 
under complicated and indirect measures, the encroach- 
ments which it makes on the coordinate departments. It 
is not unfrequently a question of real nicety in legislative 
bodies, whether the operation of a particular measure will, 
or will not extend beyond the legislative sphere. On the 
other side, the executive power being restrained within a 
narrower compass, and being more simple in its nature: 
and the judiciary being described by landmarks, still less 
uncertain, projects of usurpation by either of these de- 
partments would immediately betray and defeat them- 
selves. Nor is this all: as the legislative department alone 
has access to the pockets of the people, and has in some 
constitutions full discretion, and in all a prevailing influ- 
ence over the pecuniary rewards of those who fill the other 
departments; a dependence is thus created in the latter, 
which gives still greater facility to encroachments of the 
former. 

I have appealed to our own experience for the truth of 
what I advance on this subject. Were it necessary to ver- 
ify this experience by particular proofs, they might be 
multiplied without end. I might collect vouchers in 
abundance from the records and archives of every State in 
the Union. But as a more concise, and at the same time 
equally satisfactory evidence, I will refer to the example of 
two States, attested by two unexceptionable authorities. 

The first example is that of Virginia, a State which, as 
we have seen, has expressly declared in its constitution, 



EXTRACTS FROM THE FEDERALIST. 255 

that the three great departments ought not to be inter- 
mixed. The authority in support of it is Mr. Jefferson, 
who, besides his other advantages for remarking the oper- 
ation of the government, was himself the chief magis- 
trate of it. In order to convey fully the ideas with which 
his experience had impressed him on the subject, it will be 
necessary to quote a passage of some length from his very 
interesting "Notes on the State of Virginia/' page 195. 
"All the powers of government, legislative, executive and 
judiciary, result to the legislative body. The concentrat- 
ing these in the same hands, is precisely the definition of 
despotic government. It will be no alleviation that these 
powers will be exercised by a plurality of hands, and not 
by a single one. One hundred and seventy-three deposits 
would surely be as oppressive as one. Let those who 
doubt it, turn their eyes on the republic of Venice. As 
little will it avail us, that they are chosen by ourselves. 
An elective despotism was not the government we fought 
for; but one which should not only be founded on free 
principles, but in which the powers of government should 
be so divided and balanced among several bodies of mas:- 
istracy, as that no one could transcend their legal limits, 
without being effectually checked and restrained by the 
others. For this reason, that convention which passed the 
ordinance of government, laid its foundation on this basis, 
that the legislative, executive, and judiciary departments, 
should be separate and distinct, so that no person should 
exercise the powers of more than one of them at the same 
time. But no barrier was provided between these several pow- 
ers. The judiciary and executive members were left de- 
pendent on the legislative for their subsistence in office, 
and some of them for their continuance in it. If, there- 
fore, the legislature assumes executive and judiciary pow- 
ers, no opposition is likely to be made ; nor, if made, can 
be effectual; because in that case, they may put their pro- 



256 THE AMERICAN SAFEGUARD. 

ceedings into the form of an act of assembly, which will 
render them obligatory on the other branches. They 
have accordingly, in many instances, decided rights, 
which should have been left to judiciary controversy; and 
the direction of the executive, during the whole time of their ses- 
sion, is becoming habitual and familiar." 

The other State, which I shall take for an example, is 
Pennsylvania ; and the other authority, the council of cen- 
sors which assembled in the years 1783 and 1784. A part 
of the duty of this body, as marked out by the constitu- 
tion, was " to inquire, whether the constitution had been 
preserved inviolate in every part ; and whether the legis- 
lative and executive branches of government had per- 
formed their duty as guardians of the people, or assumed 
to themselves, or exercised other or greater powers than 
they are entitled to by the constitution." In the execu- 
tion of this trust, the council were necessarily led to a 
comparison of both the legislative and executive proceed- 
ings, with the constitutional powers of these departments : 
and from the facts enumerated, and to the truth of most 
of which both sides in the council subscribed, it appears, 
that the constitution has been flagrantly violated by the 
legislature in a variety of important instances. 

A great number of laws had been passed, violating, 
without any apparent necessity, the rule requiring that all 
bills of a public nature shall be previously printed for the 
consideration of the people ; although this is one of the 
precautions chiefly relied on by the constitution against 
improper acts of the legislature. 

The constitutional trial by jury had been violated; and 
powers assumed, which had not been delegated by the 
constitution. 

Executive powers had been usurped. 

The salaries of the judges, which the constitution ex- 
pressly requires to be fixed, had been occasionally varied ; 



EXTRACTS FROM THE FEDERALIST. 257 

and cases belonging to the judiciary department frequently 
drawn within legislative cognizance and determination. 

Those who wish to see the several particulars falling 
under each of these heads, may consult the journals of 
the council, which are in print. Some of them, it will be 
found, may be imputable to peculiar circumstances con- 
nected with the war: but the greater part of them may be 
considered as the spontaneous shoots of an ill-constituted 
government. 

It appears, also, that the executive department had not 
been innocent of frequent breaches of the constitution. 
There are three observations, however, which ought to be 
made on this head: First. A great proportion of the in- 
stances were either immediately produced by the necessi- 
ties* of the war, or recommended by Congress -or the com- 
mander-in-chief: Second. In most of the other instances, 
they conformed either to the declared or the known senti- 
ments of the legislative department; Third. The execu- 
tive department of Pennsylvania is distinguished from 
that of the other States, by the number of members com- 
posing it. In this respect, it has as much affinity to a leg- 
islative assembly, as to an executive council. And being 
at once exempt from the restraint of an individual respon- 
sibility for the acts of the body, and deriving confidence 
from mutual example and joint influence; unauthorized 
measures would of course be more freely hazarded, than 
where the executive department is administered by a sin- 
gle hand, or by a few hands. 

The conclusion which I am warranted in drawing from 
these observations is, that a mere demarcation on parch- 
ment of the constitutional limits of the several depart- 
ments, is not a sufficient guard against those encroach- 
ments which lead to a tyrannical concentration of all the 
powers of government in the same hands. 

Publius. 
34 



FAREWELL ADDRESS OF GEORGE WASHINGTON, 

PRESIDENT. 
TO THE PEOPLE OF THE UNITED STATES* 

SEPTEMBER 17, 1796, 



Friends and Fellow-citizens : 

The period for a new election of a citizen to administer the 
Executive Government of the United States being not far dis- 
tant, and the time actually arrived when your thoughts must 
"be employed in designating the person who is to be clothed 
with that important trust, it appears to me proper, especially 
as it may conduce to a more distinct expression ol the public 
voice, that I should now apprize you of the resolution I have 
formed, to decline being considered among the number of 
those out of whom a choice is to be made. 

I beg you, at the same time, to do me the justice to be as- 
sured that this resolution has not been taken without a strict 
regard to all the considerations appertaining to the relation 
which binds a dutiful citizen to his country ; and that, in 
withdrawing the tender of service, which silence, in my situ- 
ation, might imply, 1 am influenced by no diminution of zeal 
for your future interest ; no deficiency of grateful respect for 
your past kindness ; but am supported by a full conviction 
that the step is compatible with both. 

The acceptance of, and continuance hitherto in, the office 
to which your suffrages have twice called me, have been a 



Washington's farewell address. 259 

uniform sacrifice of inclination to the opinion of duty, and to 
a deference for what appeared to be your desire. I constantly 
hoped that it would have been much earlier in my power, 
consistently with motives which I was not at liberty to disre- 
gard, to return to that retirement from which I had been re- 
luctantly drawn. The strength of my inclination to do this, 
previous to the last election, had even led to the preparation 
of an address to declare it to you ; but mature reflection on 
the then perplexed and critical posture of our affaire with for- 
eign nations, and the unanimous advice of persons entitled to 
my confidence, impelled me to abandon the idea. 

I rejoice that the state of your concerns, external as well as 
internal, no longer renders the pursuit of inclination incom- 
patible with the sentiment of duty or propriety ; and am per- 
suaded, whatever partiality may be retained for my services, 
that, in the present circumstances of our country, you will 
not disapprove my determination to retire. 

The impressions with which I first undertook the arduous 
trust were explained on the proper occasion. In the discharge 
of this trust, I will only say, that I have with good intentions 
contributed towards the organization and administration of 
the Government the best exertions of which a very fallible 
judgment was capable. JS"ot unconscious in the outset of the 
inferiority of my qualifications, experience, in my own eyes — 
perhaps still more in the eyes of others — has strengthened the 
motives to diffidence of myself; and every day the increasing 
weight of years admonishes me, more and more, that the 
shade of retirement is as necessary to me as it will be welcome. 
Satisfied that if any circumstances have given peculiar value 
to my services, they were temporary, I have the consolation 
to believe that, while choice and prudence invite me to quit 
the political scene, patriotism does not forbid it. 

In looking forward to the moment which is intended to ter- 
minate the career of my public life, my feelings do not permit 
me to suspend the deep acknowledgement of that debt of 



260 THE AMERICAN SAFEGUARD. 

gratitude which I owe to my beloved country for the many 
honors it has conferred upon me ; still more for the steadfast 
confidence with which it has supported me ; and for the oppor- 
tunities I have thence enjoyed of manifesting my inviolable 
attachment, by services faithful and persevering, though in 
usefulness unequal to my zeal. If benefits have resulted to 
our country from these services, let it always be remembered 
to your praise, and as an instructive example in our annals, 
that, under circumstances in which the passions, agitated in 
every direction, were liable to mislead ; amidst appearances 
sometimes dubious, vicissitudes of fortune often discouraging ; 
in situations in which, not unfrequently, want of success has 
countenanced the spirit of criticism, — the constancy of your 
support was the essential prop of the efforts, and a guarantee 
of the plans, by which they were effected. Profoundly pen- 
etrated with the idea, I shall carry it with me to my grave, 
as a strong incitement to unceasing vows, that Heaven may 
continue to you the choicest tokens of its beneficence ; that 
your union and brotherly affection may be perpetual ; that 
the free Constitution, which is the work of your hands, may 
be sacredly maintained ; that its administration, in every de- 
partment, may be stamped with wisdom and virtue ; that, in 
fine, the happiness of the people of these States, under the 
auspices of liberty, may be made complete, by so careful a 
preservation and so prudent a use of this blessing as will ac- 
quire to them the glory of recommending it to the applause, 
the affection, and the adoption of every nation which is yet a 
stranger to it. 

Here, perhaps, I ought to stop ; but a solicitude for your 
welfare, which cannot end but with my life, and the appre- 
hension of danger natural to solicitude, urge me, on an occa- 
sion like the present, to offer to your solemn contemplation, 
and to recommend to your frequent review, some sentiments, 
which are the result of much reflection, of no inconsiderable 
observation, and which appear to me all-important to the per- 



WASHINGTON'S FAREWELL ADDRESS. 261 

manency of your felicity as a people. These will be afforded 
to you with the more freedom, as you can only see in them 
the disinterested warnings of a parting friend, who can possi- 
bly have no personal motive to bias his counsel ; nor can I 
forget, as an encouragement to it, your indulgent reception of 
my sentiments on a former and not dissimilar occasion. 

Interwoven as is the love of liberty with every ligament of 
your hearts, no recommendation of mine is necessary to for- 
tify or confirm the attachment. 

The unity of government, which constitutes you one people, 
is also now dear to you. It is justly so ; for it is a main pillar 
in the edifice of your real independence — the support of your 
tranquility at home, your peace abroad, of your safety, of 
your prosperity, of that very liberty which you so highly 
prize. But as it is easy to foresee that, from different causes 
and from different quarters, much pains will be taken, many 
artifices employed, to weaken in your minds the conviction of 
this truth : as this is the point in your political fortress against 
which the batteries of internal and external enemies will be 
most constantly and actively (though- often covertly and insidi- 
ously) directed — it is of infinite moment that you should proper- 
ly estimate the immense value of your national union to your 
collective and individual happiness ; that you should cherish 
a cordial, habitual, and immovable attachment to it ; accus- 
toming yourselves to think and speak of it as of the palladi- 
um of your political safety and prosperity ; watching for its 
preservation with jealous anxiety ; discountenancing whatever 
may suggest even a suspicion that it can, in any event, be 
abandoned ; and indignantly frowning upon the first dawning 
of every attempt to alienate any portion of our country from 
the rest, or to enfeeble the sacred ties which now link together 
the various parts. 

For this you have every inducement of sympathy and in- 
terest. Citizens by birth or choice, of a common country, 
that country has a right to concentrate your affections. The 
name of American, which belongs to you in your national 



262 THE AMERICAN SAFEGUARD. 

capacity, must always exalt the just pride of patriotism, more 
than any appellation derived from local discriminations. 
With slight shades of difference, you have the same religion, 
manners, habits, and political principles. You have, in a 
common cause, fought and triumphed together; the indepen- 
dence and liberty you possess are the work of joint counsels 
and joint efforts, of common dangers, sufferings, and successes. 

But these considerations, however powerfully they address 
themselves to your sensibility, are greatly outweighed by 
those which apply more immediately to your interest ; here 
every portion of our country finds the most commanding mo- 
tives for carefully guarding and preserving the union of the 
whole. 

The North, in an unrestrained intercourse with the South, 
protected by the equal laws of a common government, finds, 
in the production of the latter, great additional resources 
of maritime and commercial enterprise, and precious ma- 
terials of manufacturing industry. The South, in the 
same intercourse, benefiting by the agency of the North, sees 
its agriculture grow, and its commerce expand. Turning 
partly into its own channels the seamen of the North, it finds 
its particular navigation invigorated ; and while it contrib- 
utes, in different ways, to nourish and increase the general 
mass of the national navigation, it looks forward to the pro- 
tection of a maritime strength to which itself is unequally 
adapted. The East, in like intercourse with the West, already 
finds, and in the progressive improvement of interior com- 
munication, by land and water, will more and more find, a 
valuable vent for the commodities which it brings from 
abroad, or manufactures at home. 'Jhe West derives from 
the East supplies requisite to its growth and comfort ; and 
what is perhaps of still greater consequence, it must, of ne- 
cessity, owe the secure enjoyment of indispensable outlets for 
its own productions, to the weight, influence, and the future 
maritime strength of the Atlantic side of the Union, directed 



WASHINGTON'S FAREWELL ADDRESS. 263 

Id j an indissoluble community of interest .as one nation. Any 
other tenure by which the West can hold this essentia.! advan- 
tage, whether derived from its own separate strength, or from 
an apostate and unnatural connection with any foreign power, 
must be intrinsically precarious. 

While, then, every part of our country thus feels an imme- 
diate and particular interest in union, all the parts combined 
cannot fail to find, in the united mass of means and efforts, 
greater strength, greater resource, proportionably greater secu- 
rity from external danger, a less frequent interruption of their 
peace by foreign nations ; and what is of inestimable value, 
they must derive from union an exemption from those broils 
and wars between themselves, which so frequently afflict 
neighboring countries, not tied together by the same govern- 
ment ; which their own rivalships alone would be sufficient 
to produce, but which opposite foreign alliances, attachments, 
and intrigues, would stimulate and imbitter. Hence, like- 
wise, they will avoid the necessity of those over-grown mili- 
tary establishments, which, under any form of government, 
are inauspicious to liberty, and which are to be regarded as 
particularly hostile to republican liberty ; in this sense it is 
that your union ought to be considered as a main prop to 
your liberty, and that the love of the one ought to endear to 
you the preservation of the other. 

These considerations speak a persuasive language to every 
reflecting and virtuous mind, and exhibit the continuance of 
the Union as a primary object of ' patriotic desire. Is there a 
doubt, whether a common government can embrace so large 
a sphere ? Let experience solve it To listen to mere specu- 
lation, in such a case, were criminal. We are authorized to 
hope, that a proper organization of the whole, with the aux- 
iliary agency of government for the respective subdivisions, 
will afford a happy issue to the experiment It is well worth 
a fair and full experiment. With such powerful and obvious 
motives to Union, affecting all parts of our country, while 



264 THE AMERICAN SAFEGUARD. 

experience shall not have demonstrated its impracticability, 
there will always be reason to distrust the patriotism of those., 
who, in any quarter, may endeavor to weaken its bands. 

In contemplating the causes which may disturb our Union, 
it occurs, as a matter of serious concern, that any ground 
should have been furnished for characterizing parties by geo- 
graphical discriminations — Northern and Southern — Atlantic 
and Western : whence designing men may endeavor to escite 
a belief that there is a real difference of local interests and 
views. One of the expedients of party to acquire influence 
within particular districts, is to mirepresent the opinions and 
aims of other districts. You cannot shield yourselves too 
much against the jealousies and heart-burnings which spring 
from these misrepresentations; they tend to render alien 
to each other those who ought to be bound together by fra- 
ternal affection. The inhabitants of our western country- 
have lately had a useful lesson on this head ; they have seen 
in the negotiation by the Executive, and in the unanimous 
ratification by the Senate, of the treaty with Spain, and in 
the universal satisfaction at that event throughout the United 
States, a decisive proof how unfounded were the suspicions- 
promulgated among them, of a policy in the General Govern- 
ment, and in the Atlantic States, unfriendly to their interests 
in regard to the Mississippi : they have been witnesses to the 
formation of two treaties — that with Great Britain, and that 
with Spain — which secure to them every thing they could 
desire in respect to our foreign relations, towards confirming 
their prosperity. "Will it not be their wisdom to rely for the 
preservation of these advantages on the Union hj which they 
were procured ? Will they not henceforth be deaf to those 
advisers, if such there are, who would sever them from their 
brethren, and connect them with aliens ? 

To the efficacy and permanency of your Union, a Govern- 
ment for the whole is indispensable. No alliance, however 
strict between the parts, can be an adequate substitute ; they 



Washington's farewell address. 265 

must inevitably experience the infractions and interruptions 
which all alliances, in all time, have experienced. Sensible 
of this momentous truth, von have improved upon your first 
essay, by the adoption of a Constitution of Government bet- 
ter calculated than your former for an intimate Union, and 
for the efficacious management of your common concerns. 
This Government, the offspring of our own choice, uninflu- 
enced and unawed, adopted upon full investigation and 
mature deliberation, completely free in its principles, in the 
distribution of its powers, uniting security with energy, and 
containing within itself a provision for its own amendment, 
has a just claim to your confidence and your support, Be- 
spect for its authority, compliance with its laws, acquiescence 
in its measures, are duties enjoined by the fundamental max- 
ims of true liberty. The bases of our political systems, is 
the right of the people to make and to alter their Constitu- 
tions of Government : but the Constitution which at any 
time exists, till changed by an explicit and authentic act of 
the whole people, is sacredly obligatory upon all. The very 
idea of the power, and the right of the people to establish 
Government, pre-supposes the duty of every individual to 
obey the established Government. 

All obstructions to the execution of the laws, all combina- 
tions and associations, under whatever plausible character, 
with the real design to direct, control, counteract, or awe the 
regular deliberation and action of the constituted authorities, 
are destructive to this fundamental principle, and of fatal 
tendency. They serve to organize faction, to give it an arti- 
ficial and extraordinary force, to put in the place of the dele- 
gated will of the nation the will of a party, often a small 
but artful and enterprising minority of the community ; and, 
according to the alternate triumphs of different parties, to 
make the public administration the mirror of the ill-concerted 
and incongruous projects of faction, rather than the organ of 



266 THE AMERICAN SAFEGUARD. 

consistent and wholesome plans, digested by common counsels, 
and modified by mutual interests. 

However combinations or associations of the above descrip- 
tion may now and then answer popular ends, they are likely, 
in the course of time and things, to become potent engines, 
by which cunning, ambitious, and unprincipled men, will be 
enabled to subvert the power of the people, and to usurp for 
themselves the reins of Government ; destroying, afterwards, 
the very engines which had lifted them to unjust dominion. 

Towards the preservation of your Government, and the 
permanency of your present happy state, it is requisite, not 
only that you steadily discountenance irregular oppositions to 
its acknowledged authority, but also that you resist with care 
the spirit of innovation upon its principles, however specious 
the pretexts. One method of assault may be to effect, in the 
forms of the Constitution, alterations which will impair the 
energy of the system, and thus to undermine what cannot be 
directly overthrown. In all the changes to which you may 
be invited, remember that time and habit are at least as nec- 
essary to fix the true character of governments as of other 
human institutions ; that experience is the surest standard by 
which to test the real tendency of the existing constitution of 
a country ; that facility in changes, upon the credit of mere 
hypothesis and opinion, exposes to perpetual change, from the 
endless variety of hypothesis and opinion ; and remember, 
especially, that for the efficient management of your common 
interests, in a country so extensive as ours, a Government of 
as much vigor as is consistent with the perfect security of 
liberty, is indispensable. Liberty itself will find in such a 
Government, with powers properly distributed and adjusted, 
its surest guardian. It is, indeed, little else than a name, 
where the Government is too feeble to withstand the enter- 
prises of faction, to confine each member of the society within 
the limits prescribed by the laws, and to maintain all in the 



• WASHINGTON'S FAREWELL ADDRESS. 267 

secure and tranquil enjoyment of the rights of person and 
property. 

I have already intimated to you the danger of parties in 
the State, with particular reference to the founding of them 
on geographical discriminations. Let me now take a more 
comprehensive view, and warn you, in the most solemn man- 
ner, against the baneful effects of the spirit of party gener- 
ally. 

The spirit, unfortunately, is inseparable from our nature, 
having its root in the strongest passions of the human mind. 
It exists under different shapes, in all governments, more or 
less stifled, controlled, or repressed ; but in those of the popu- 
lar form it is seen in its greatest rankness. and is truly their 
worst enemy. 

The alternate domination of one faction over another, 
sharpened by the spirit of revenge, natural to party dissension, 
which, in different ages and countries, has perpetrated the 
most horrid enormities, is itself a frightful despotism. But 
this leads, at length, to a more formal and permanent despot- 
ism. The disorders and miseries which result, gradually in- 
cline the minds of men to seek security and repose in the ab- 
solute power of an individual ; and, sooner or later, the chief 
of some prevailing faction, more able or more fortunate than 
his competitors, turns this disposition to the purposes of his 
own elevation on the ruins of public liberty. 

Without looking forward to an extremity of this kind, 
(which, nevertheless, ought not to be entirely out of sight,) 
the common and continual mischiefs of the spirit of party are 
sufficient to make it the interest and duty of a wise people to 
discourage and restrain it. 

It serves always to distract the public councils, and enfeeble 
the public administration. It agitates the community with 
ill-founded jealousies and false alarms ; kindles the animosity 
of one part against another ; foments, occasionally, riot and 
insurrection. It opens the door to foreign influence and cor- 



268 THE AMERICAN SAFEGUARD. 

ruption, which Unci a facilitated access to the Government 
itself, through the channels of party passions. Thus the pol- 
icy and the will of one country are subjected to the policy 
and will of another. 

There is an opinion that parties, in free countries, are use- 
ful checks upon the administration of the Government, and 
serve to keep alive the spirit of liberty. This, within certain 
limits, is probably true ; and in Governments of a monarchical 
cast, patriotism may look with indulgence, if not with favor, 
upon the spirit of party. But in those of the popular charac- 
ter, in governments purely elective, it is a spirit not to be en- 
couraged. From their natural tendency, it is certain there 
will always be enough of that spirit for every salutary pur- 
pose. And there being constant danger of excess, the effort 
ought to be, by force of public opinion, to mitigate and as- 
suage it. A lire not to be quenched, it demands a uniform 
vigilance to prevent its bursting into a flame, lest, instead of 
warming, it should consume. 

It is important, likewise, that the habits of thinking, in a 
free country, should inspire caution in those entrusted with 
its administration, to confine themselves within their respec- 
tive constitutional spheres, avoiding, in the exercise of the 
powers of one department, to encroach upon another. The 
spirit of encroachment tends to consolidate the powers of all 
the departments in one, and thus to create, whatever the form 
of government, a real despotism. A just estimate of that 
love of power, and proneness to abuse it which predominates 
in the human heart, is sufficient to satisfy us of the truth of 
this position. The necessity of reciprocal checks in the exer- 
cise of political power, by dividing and distributing it into 
different depositories, and constituting each the guardian of 
the public weal, against invasions by the others, has been 
evinced by experiments, ancient and modern ; some of them 
in our own country, and under our own eyes. To preserve 
them must be as necessary as to institute them. If, in the 



Washington's farewell address. 269 

opinion of the people, the distribution or modification of the 
constitutional powers be, in any particular, wrong, let it be 
corrected by an amendment in the way which the Constitu- 
tion designates. But let there be no change by usurpation ; 
for though this, in one instance, may be the instrument of 
good, it is the customary weapon by which free governments 
are destroyed. The precedent must always greatly overbal- 
ance, in permanent evil, any partial or transient benefit which 
the use can, at any time, yield. 

Of all the dispositions and habits which lead to political 
prosperity, religion and morality are indispensable supports. 
In vain would that man claim the tribute of patriotism, who 
should labor to subvert these great pillars of human happi- 
ness, these firmest props of the duties of men and citizens. 
The mere politician, equally with the pious man, ought to 
respect and to cherish them. A volume could not trace all 
their connections with private and public felicity. Let it sim- 
ply be asked, where is the security for property, for reputa- 
tion, for life, if the sense of religious obligation desert the 

~ j or? 

oaths which are the instruments of investigation in courts of 
justice ? And let us with caution indulge the supposition, 
that morality can be maintained without religion. Whatever 
may be conceded to the influence of refined education on 
minds of peculiar structure, reason and experience both for- 
bid us to expect that national morality can prevail in exclu- 
sion of religious principles. 

It is substantially true, that virtue or morality is a neces- 
sary spring of popular Government. The rule, indeed, ex- 
tends with more or less force to every species of free Govern- 
ment. Who, that is a sincere friend to it, can look with 
indifference upon attempts to shake the foundation of the 
fabric? 

Promote, then, as an object of primary importance, insti- 
tutions for the general diffusion of knowledge. In proportion 



270 THE AMERICAN SAFEGUARD. 

as tlie structure of a Government gives force to public opinion, 
it is essential that public opinion should be enlightened. 

As a very important source of strength and security, 
cherish public credit. One method of preserving it is to use 
it as sparingly as possible ; avoiding occasions of expense by 
cultivating peace, but remembering also that timely disburse- 
ments to prepare for danger frequently prevent much greater 
disbursements to repel it; avoiding, likewise, the accumula- 
tion of debt, not only by shunning occasions of expense, but 
by vigorous exertions in time of peace to discharge the debts 
which unavoidable wars may have occasioned ; not ungener- 
ously throwing upon posterity the burdens which w T e ourselves 
ought to bear. The execution of these maxims belongs to 
your representatives, but it is necessary that public opinion 
should co-operate. To facilitate to them the performance of 
their duty, it is essential that you should practically bear in 
mind that towards the payment of debts there must be rev- 
enue ; that to have revenue there must be taxes ; that no taxes 
can be devised which are not more or less inconvenient and 
unpleasant ; that the intrinsic embarassment inseparable from 
the selection of the proper objects (which is always a choice 
of difficulties), ought to be a decisive motive for a candid 
construction of the conduct of the Government in making it, 
and for a spirit of acquiescence in the measures for obtaining 
revenue, which the public exigencies may at any time dictate. 

Observe good faith and justice towards all nations ; culti- 
vate peace and harmony with all. Religion and morality 
enjoin this conduct, and can it be that good policy does not 
equally enjoin it ? It will be worthy of a free, enlightened, 
and, at no distant period, a great nation, to give to mankind 
the magnanimous and too novel example of a people always 
guided by an exalted justice and benevolence. Who can 
doubt that, in the course of time and things, the fruits of such 
a plan would richly repay any temporary advantages which 
might be lost by a steady adherance to it ? Can it be that 



WASHINGTON'S FAREWELL ADDRESS. 27l 

Providence lias not connected the permanent felicity of a 
nation with its virtue % The experiment, at least, is recom- 
mended by every sentiment which ennobles human nature. 
Alas ! is it rendered impossible by its vices ? 

In the execution of such a plan, nothing is more essential 
than that permanent inveterate antipathies against partic- 
ular nations, and passionate attachments for others, should be 
excluded ; and that, in place of them, just and amicable feelings 
towards all should be cultivated. The nation which indulges 
towards another an habitual hatred, or an habitual fondness, 
is in some degree a slave. It is a slave to its animosity or to 
its affection ; either of which is sufficient to lead it astray from 
its duty and its interest. Antipathy in one nation against 
another disposes each more readily to offer insult and injury, 
to lay hold of slight causes of umbrage, and to be haughty 
and intractable, when accidental or trifling occasions of dis- 
pute occur. Hence frequent collisions — obstinate, envenomed 
and bloody contests. The nation, prompted by ill will and 
resentment, sometimes impels to war the Government, con- 
trary to the best calculations of policy. The Government 
sometimes participates in the national propensity, and adopts 
through passion what reason would reject ; at other times it 
makes the animosity of the nation subservient to projects of 
hostility, instigated by pride, ambition, and other sinister and 
pernicious motives. The peace often (sometimes perhaps the 
liberty) of nations has been the victim. 

So, likewise, a passionate attachment of one nation to an- 
other produces a variety of evils. Sympathy for the favorite 
nation, facilitating the illusion of an imaginary common in- 
terest, in cases where no real common interest exists, and in- 
fusing into one the enmities of the other, betrays the former 
into a participation in the quarrels and wars of the latter, 
without adequate inducement or justification. It leads also 
to concessions to the favorite nation of privileges denied to 
others, which is apt doubly to injure the nation making the 



272 THE AMERICAN SAFEGUARD. 

concessions ; by unnecessarily parting with what ought to 
have been retained, and by exciting jealousy, ill will, and a 
disposition to retaliate, in the parties from whom eqnal privi- 
leges are withheld ; and it gives to ambitions, corrupted, or 
deluded citizens (who devote themselves to the favorite na- 
tion) facility to betray, or sacrifice the interest of their own 
country, without odium; sometimes even with popularity; 
gilding with the appearance of a virtuous sense of obligation, 
a commendable deference for public opinion, or a laudable 
zeal for public good, the base or foolish compliances of ambi- 
tion, corruption, or infatuation. 

As avenues to foreign influence in innumerable ways, such 
attachments are particularly alarming to the truly enlightened 
and independent patriot. How many opportunities do they 
afford to tamper with domestic factions, to practise the art of 
seduction, to mislead public opinion, to influence or awe the 
public councils ! Such an attachment of a small or weak, 
towards a great and powerful nation, dooms the former to be 
the satellite of the latter. 

Against the insidious wiles of foreign influence (I conjure 
you to believe me. fellow-citizens) the jealousy of a free peo- 
ple ought to be constantly awake ; since history and experi- 
ence prove that foreign influence is one of the most baneful 
foes of republican government. But that jealousy, to be use- 
ful, must be impartial ; else it becomes the instrument of the 
very influence to be avoided, instead of a defense against it. 
Excessive partiality for one foreign nation, and excessive dis- 
like for another, cause those whom they actuate to see clanger 
only on one side, and serve to veil, and even second, the arts 
of influence on the other. Real patriots, who may resist the * 
intrigues of the favorite, are liable to become suspected and 
odious ; while its tools and dupes usurp the applause and con- 
fidence of the people, to surrender their interests. 

The great rule of conduct for us, in regard to foreign na- 
tions, is, in extending our commercial relations, to have with 



Washington's farewell address. 273 

them as little political connexion as possible. So far as we 
have already formed engagements, let them be fulfilled with 
perfect good faith. Here let us stop. 

Europe has a set of primary interests, which to us have 
none, or a very remote relation. Hence she must be engaged 
in frequent controversies, the causes of which are essentially 
foreign to our concerns. Hence, therefore, it must be unwise 
in us to implicate ourselves, by artificial ties, in the ordinary 
vicissitudes of her politics, or the ordinary combinations and 
collisions of her friendships and enmities. 

Our detached and distant situation invites and enables us 
to pursue a different course. If we remain one people, under 
an efficient government, the period is not far off when we 
may defy material injury from external annoyance ; when we 
may take such an attitude as will cause the neutrality we may 
at any time resolve upon, to be scrupulously respected ; when 
belligerent nations, under the impossibility of making acqui- 
sitions upon us, will not lightly hazard the giving us provoca- 
tion ; when we may choose peace or war, as our interest, 
guided by justice, shall counsel. 

Why forego the advantages of so peculiar a situation \ 
Why quit our own to stand upon foreign ground % Why, by 
interweaving our destiny with that of any part of Europe, 
entangle our peace and prosperity in the toils of European 
ambition, rivalship, interest, humor, or caprice? 

It is our true policy to steer clear of permanent alliances 
with any portion of the foreign world; so far, I mean, as we 
are now at liberty to do it ; for let me not be understood as 
capable of patronizing infidelity to existing engagements. I 
hold the maxim no less applicable to public than to private 
affairs, that honesty is always the best policy. I repeat it, 
therefore, let those engagements be observed in their genuine 
sense. But, in my opinion, it is unnecessary, and would be 
unwise to extend them. 
36 



274 THE AMERICAN SAFEGUARD. 

Taking care always to keep ourselves, by suitable estab- 
lishments, on a respectable defensive posture, we may safely 
trust to temporary alliances for extraordinary emergencies. 

Harmony, and a liberal intercourse with all nations, are 
recommended by policy, humanity and interest; But even 
our commercial policy should hold an equal and impartial 
hand; neither seeking nor granting exclusive favors or prefer- 
ences ; consulting the natural course of things ; diffusing and 
diversifying, by gentle means, the streams of commerce, but- 
forcing nothing; establishing, with powers so disposed, in 
order to give trade a stable course, to deiine the rights of our 
merchants, and to enable the Government to support them, 
conventional rules of intercourse, the best that present cir- 
cumstances and mutual opinions will permit,, but temporary., 
and liable to be from time to time abandoned or varied, as ex- 
perience and circumstances shall dictate; constantly keeping in 
view that it is folly in one nation to look for disinterested favors 
from another ; that it must pay, with a portion of its inde- 
pendence, for whatever it may accept under that character ; 
that by such acceptance it may place itself in the condition 
of having given equivalents for nominal favors, and yet of 
being reproached with ingratitude for not giving more. There 
can be no greater error than to expect or calculate upon real 
favors from nation to nation. It is an illusion which experi- 
ence must cure; which a just pride ought to discard. 

In offering to you, my countrymen, these counsels of an old 
and affectionate friend, I dare not hope they will make the 
strong and lasting impression I could wish ; that they will 
control the usual current of the passions, or prevent our nation 
from running the course which has hitherto marked the des- 
tiny of nations ; but if I may even flatter myself that they 
may be productive of some partial benefit, some occasional 
good — that they may now and then recur to moderate the 
fury of party spirit, to warn against the mischiefs of foreign 
intrigues, to guard against the impostures of pretended patri- 



WASHINGTON'S FAREWELL ADDRESS. 275 

otism — this hope will bs a full recompense for the solicitude 
for your welfare by which they have been dictated. 

How far, in the discharge of my official duties, I have been 
guided by the principles which have been delineated, the 
public records, and other evidences of my conduct, must wit- 
ness to you and the world. To myself, the assurance of my 
own conscience is, that I have at least believed myself to be 
guided by them. 

In relation to the still subsisting war in Europe, my procla- 
mation of the 22d of April, 1793, is the index to my plan. 
Sanctioned by your approving voice, and by that of your 
representatives in both Houses of Congress, the spirit of that 
measure has continually governed me, uninfluenced by any 
attempts to deter or divert me from it. 

After deliberate examination, with the aid of the best lights 
I could obtain, I was well satisfied that our country, under all 
the circumstances of the case, had a right to take, and was 
bound in duty and interest to take, a neutral position. Hav- 
ing taken it, I determined, as far as should depend upon me, 
to maintain it with moderation, perseverance, and firmness. 

The considerations which respect the right to hold this con- 
duct, it is not necessary on this occasion to detail. I will only 
observe, that, according to my understanding of the matter,, 
that right, so far from being denied by any of the belligerent 
powers, has been virtually admitted by all. 

The duty of holding a neutral conduct may be inferred., 
without anything more, from the obligation which justice and : 
humanity impose on every nation, in cases in which it is free- 
to act, to maintain inviolate the relations of peace and amity 
towards other nations. 

The inducements of interest, for observing that conduct,, 
will best be referred to your own reflections and experience. 
With me, a predominant motive has been to endeavor to gain 



276 THE AMERICAN SAFEGUARD. 

time to our country to settle and mature its yet recent institu- 
tions, and to progress, without interruption, to that degree of 
strength and consistency which is necessary to give it, hu- 
manly speaking, the command of its own fortunes. 

Though in reviewing the incidents of my administration, I 
am unconscious of intentional error; I am, nevertheless, too 
sensible of my defects not to think it probable that I may 
have committed many errors. Whatever they may be, I fer- 
vently beseech the Almighty to avert or mitigate the evils to 
which they may tend. I shall also carry with me the hope, 
that my country will never cease to view them with indul- 
gence ; and that, after forty-five years of my life dedicated to 
its service with an upright zeal, the faults of incompetent 
abilities will be consigned to oblivion, as myself must soon be 
to the mansions of rest. 

Relying on its kindness in this, as in other things, and actu- 
ated by that fervent love towards it which is so natural to a 
man who views in it the native soil of himself and his pro- 
genitors for several generations, I anticipate, with pleasing 
expectation, that retreat in which I promise myself to realize, 
without alloy, the sweet enjoyment of partaking, in the midst 
of my fellow-citizens, the benign influence of good laws un- 
der a free Government — the ever favorite object of my heart 
— and the happy reward, as I trust, of our mutual cares, 
labors, and dangers. 

George Washington. 

United States, 17th September, 1796. 



INAUGURAL ADDRESS OF JOHN ADAMS, 

PRESIDENT OF THE UNITED STATES— MARCH 4, 1797. 



"When it was first perceived, in early times, that no mid- 
dle course for America remained between unlimited sub- 
mission to a foreign legislature and. a total independence of 
its claims, men of reflection were less apprehensive of dan- 
ger from the formidable power of fleets and armies they 
must determine to resist, than from those contests and dis- 
sensions which would certainly arise concerning the forms 
of government to be instituted over the whole and over 
the parts of this extensive country. Belying, however, on 
the purity of their intentions, the justice of their cause, 
and the integrity and intelligence of the people, under an 
over-ruling Providence, which had so signally protected 
this country from the first, the representatives of this na- 
tion, then consisting of little more than half its present 
number, not only broke to pieces the chains which were 
forging, and the rod of iron that was lifted up, but frankly 
cut asunder the ties which had bound them, and launched 
into an ocean of uncertainty. 

The zeal and ardor of the people, during the revolution- 
ary war, supplying the place of government, commanded a 
degree of order, sufficient at least for the temporary pres- 
ervation of society. The Confederation, which was early 
felt to be necessary, was prepared from the models of the 



278 THE AMERICAN SAFEGUARD. 

Batavian and Helvetic confederacies — the only examples 
which remain, with any detail and precision, in history, 
and certainly the only ones which the people at large had 
ever considered. But, reflecting on the striking difference, 
in so many particulars, between this country and those 
where a courier may go from the seat of government to 
the frontier in a single day, it was then certainly foreseen, 
by some who assisted in Congress at the formation of it, 
that it could not he durable. 

Negligence of its regulations, inattention to its recom- 
mendations, if not disobedience to its authority, not only 
in individuals, but in States, soon appeared with their mel- 
ancholy consequences ; universal languor; jealousies and 
rivalries of States ; decline of navigation and commerce ; 
discouragement of necessary manufactures ; universal fall 
in the value of lands and their produce ; contempt of pub- 
lic and private faith ; loss of consideration and credit with 
foreign nations; and, at length, in discontents, animosi- 
ties, combinations, partial conventions, and insurrection, 
threatening some great national calamity. 

In this dangerous crisis, the people of America were not 
abandoned by their usual good sense, presence of mind, 
resolution, or integrity. Measures were pursued to con- 
cert a plan to form a more perfect union, establish justice, 
ensure domestic tranquility, provide for the common de- 
fence, promote the general welfare, and secure the bless- 
ings of liberty. The public disquisitions, discussions, and 
deliberations, issued in the present happy constitution of 
government. 

Employed in the service of my country abroad during 
the whole course of these transactions, I first saw the Con- 
stitution of the United States in a foreign country. Irri- 
tated by no literary altercation, animated by no public 



INAUGURAL ADDRESS OF JOHN ADAMS. 279 

debate, heated by no party animosity, I read it with, 
great satisfaction, as the result of good heads, prompted 
by good hearts — as an experiment, better adapted to the 
genius, character, situation, and relations, of this nation 
and country, than any which had ever been proposed or 
suggested. In its general principles and great outlines, it 
it was conformable to such a system of government as I 
had ever most esteemed, and in some States, my own na- 
tive State in particular, had contributed to establish. 
Claiming a right of suffrage, in common with my fellow- 
citizens, in the adoption or rejection of a Constitution 
which was to rule me and my posterity, as well as them 
and theirs, I did not hesitate to express my approbation of 
it, on all occasions, in public and in private. It was not 
then, nor has been since, any objection to it, in my mind, 
that the Executive and Senate were not more permanent. 
iSTor have I ever entertained a thought of promoting any 
alteration m it, but such as the people themselves, in the 
course of their experience, should see and feel to oe neces- 
sary or expedient, and, by their representatives in Congress 
and the State legislatures, according to the Constitution 
itself, adopt and ordain. 

Beturning to the bosom of my country, after a painful 
separation from it, for ten years, I had the honor to be 
elected to a station under the new order of things, and I 
have repeatedly kid myself under the most serious obliga- 
tions to support the Constitution. The operation of it has 
equalled the most sanguine expectations of its friends ; 
and, from an habitual attention to it, satisfaction in its ad- 
ministration, and delight in its effects upon the peace, or- 
der, prosperity and happiness of the nation, I have ac- 
quired an habitual attachment to it and veneration for it. 



280 THE AMERICAN SAFEGUARD. 

What other form of government, indeed, can so well de- 
serve our esteem and love ? 

There may be little solidity in an ancient idea, that con- 
gregations of men into cities and nations are the most 
pleasing objects in the sight of superior intelligences; but 
this is very certain, that, to a benevolent human mind, 
there can be no spectacle presented by any nation more 
pleasing, more noble, majestic, or august, than an assembly 
like that which has so often been seen in this and the other 
chamber of Congress, of a government in which the exec- 
utive authority, as well as that of all the branches of the 
legislature, are exercised by citizens selected at regular 
periods by their neighbors, to make and execute laws for 
the general good. Can anything essential, anything more 
than mere ornament or decoration, be added to this by 
robes and diamonds ? Can authority be more amiable and 
respectable when it descends from accidents, or institutions 
established in remote antiquity, than when it springs fresh 
from the hearts and judgments of an honest and enlight- 
ened people ? For it is the people only that are repre- 
sented; it is their power and majesty that is reflected, and 
only for their good, in every legitimate government, under 
whatever form it may appear. The existence of such a 
government as ours, for any length of time, is a full 
proof of a general dissemination of knowledge and virtue 
throughout the whole body of the people. And what ob- 
ject or consideration more pleasing than this can be pre- 
sented to the human mind? If national pride is ever jus- 
tifiable, or excusable, it is when it springs, not from power 
or riches, grandeur or glory, but from conviction of na- 
tional innocence, information and benevolence. 

In the midst of these pleasing ideas, we should be un- 
faithful to ourselves if we should ever lose sight of the 
danger to our liberties — if anything partial or extraneous 
should infect the purity of our free, fair, virtuous and in- 



INAUGURAL ADDRESS OF JOHN ADAMS. 281 

dependent elections. If an election is to be determined 
by a majority of a single vote, and that can be procured 
by a party, through artifice or corruption, the government 
may be the choice of a party, for its own ends — not of the 
nation, for the national good. If that solitary suffrage 
can be obtained by foreign nations, by flattery or menaces, 
by fraud or violence, by terror, intrigue, or venality, the 
government may not be the choice of the American peo- 
ple, but of foreign nations. It may be foreign nations who 
govern us, and not we, the people, who govern ourselves. 
And candid men will acknowledge that, in such cases, 
choice would have little advantage to boast of over lot or 
chance. 

Such is the amiable and interesting system of govern- 
ment (and such are some of the abuses to which it may be 
exposed) which the people of America have exhibited to the 
admiration and anxiety of the wise and virtuous of all na- 
tions, for eight years, under the administration of a citizen, 
who, by a long course of great actions, regulated by prudence, 
justice, temperance, and fortitude, conducting a people in- 
spired with the same virtues, and animated with the same 
ardent patriotism and love of liberty, to independence and 
peace, to increasing wealth and unexampled prosperity, has 
merited the gratitude of his fellow-citizens, commanded the 
highest praises of foreign nation, and secured immortal glory 
with posterity. 

In that retirement which is his voluntary choice, may he 
long live to enjoy the delicious recollection of his services, 
the gratitude of mankind, the happy fruits of them to him- 
self and the world, which are daily increasing, and that 
splendid prospect of the future fortunes of this country which 
is opening from year to year. His name may still be a ram- 
part, and the knowledge that he lives a bulwark, against all 
open or secret enemies of his country's peace. This example 
has been recommended to the imitation of his successors, by 



282 THE AMERICAN SAFEGUARD. 

both Houses of Congress, and by the voice of the legislatures 
and the people throughout the nation. 

On this subject it might become me better to be silent, or 
to speak with diffidence ; but, as something may be expected, 
the occasion, I hope, will be admitted as an apology, if I 
venture to say, That — 

If a preference, upon principle, of a free republican gov- 
ernment, formed upon long and serious reflection, after a dili- 
gent and impartial inquiry after truth ; if an attachment to 
the Constitution of the United States, and a conscientious 
determination to support it, until it shall be altered by the 
judgments and wishes of the people, expressed in the mode 
prescribed in it ; if a respectful attention to the Constitutions 
of the individual States, and a constant caution and delicacy 
toward the State governments ; if an equal and impartial 
regard to the rights, interest, honor, and happiness, of all the 
States in the Union, without preference or regard to a north- 
ern or southern, or eastern or western position, their various 
political opinions on unessential points, or their personal at- 
tachments ; if a love of virtuous men, of all parties and 
denominations ; if a love of science and lettex's, and a wish 
to patronize every rational effort to encourage schools, col- 
leges, universities, academies, and every institution for propa- 
gating knowledge, virtue, and religion, among all classes of 
the people, not only for their benign influence on the happi- 
ness of life in all its stages and classes, and of society in all 
its forms, but as the only means of preserving our Constitu- 
tion from its natural enemies, the spirit of sophistry, the 
spirit of party, the spirit of intrigue, the profligacy of cor- 
ruption, and the pestilence of foreign influence, which is the 
angel of destruction to elective governments ; if a love of 
equal laws, of justice, and humanity, in the interior adminis- 
tration ; if an inclination to improve agriculture, commerce, 
and manufactures for necessity, convenience, and defense ; if 
a spirit of equity and humanity towards the aboriginal na- 



INAUGURAL ADDRESS OF JOHN ADAMS. 283 

tions of America, and a disposition to meliorate their condi- 
tion, by inclining them to be more friendly to ns, and our 
citizens to be more friendly to them ; if an inflexible deter- 
mination to maintain peace and inviolable faith with all 
nations, and that system of neutrality and impartiality among 
the belligerent powers of Europe which has been adopted by 
this government, and so solemnly sanctioned by both Houses 
of Congress, and applauded by the legislatures of the States 
and the public opinion, until it shall be otherwise ordained by 
Congress ; if a personal esteem for the French nation, formed 
in a residence of seven years chiefly among them, and a sin- 
cere desire to preserve the friendship which has been so much 
for the honor and interests of both nations ; if, while the 
conscious honor and integrity of the people of America, and 
the internal sentiment of their own power and energies, must 
be preserved, an earnest endeavor to investigate every just 
cause, and remove every colorable pretence of complaint ; if 
an intention to pursue, by amicable negotiation, a reparation 
for the injuries that have been committed on the commerce 
of our fellow-citizens, by whatever nation, and, if success 
cannot be obtained, to lay the facts before the Legislature, 
that they may consider what further measures the honor and 
interest of the Government and its constituents demand ; if 
a resolution to do justice, as far as may depend upon me, at 
all times and to all nations, and maintain peace, friendship, 
and benevolence, with all the world ; if an unshaken confl- 
dence in the honor, spirit, and resources of the American 
people, on which I have so often hazarded my all, and never 
been deceived ; if elevated ideas of the high destinies of this 
country, and of my own duties towards it, founded on a 
knowledge of the moral principles and intellectual improve- 
ments of the people, deeply engraven on my mind in early 
life, and not obscured, but exalted, by experience and age ; 
and, with humble reverence, I feel it to be my duty to add, 
if a veneration for the religion of a people who profess and 



284 THE AMERICAN SAFEGUARD. 

call themselves Christians, and a fixed resolution to consider 
a decent respect for Christianity among the best recommend- 
ations for the public service, — can enable me, in any degree, 
to comply with your wishes, it shall be my strenuous endeavor 
that this sagacious injunction of the two houses shall not be 
without effect. 

"With this great example before me — with the sense and 
spirit, the faith and honor, the duty and interest, of the same 
American people, pledged to support the Constitution of the 
United States, I entertain no doubt of its continuance in all 
its energy, and my mind is prepared, without hesitation, to 
lay myself under the most solemn obligation to support it to 
the utmost of my power. 

And may that Being who is supreme over all, the Patron 
of order, the Fountain of justice, and the Protector, in all 
ages of the world, of virtuous liberty, continue His blessing 
upon this nation and its Government, and give it all possible 
success and duration, consistent with the ends of his Provi- 
dence ! 



IXAUGORAL ADDRESS OF THOMAS JEFFERSON, 

PRESIDENT OF THE EXITED STATES, 

AT HIS FIRST TERM OF OFFICE— MARCH 4, 1801. 



Friends and fellow-citizens : 

Called upon to undertake the duties of the first executive 
office of our country, I avail myself of the presence of that 
portion of my fellow-citizens which is here assembled, to ex- 
press my grateful thanks for the favor with which they have 
been pleased to look towards me, to declare a sincere con- 
sciousness that the task is above my talents,, and that I ap- 
proach it with those anxious and awful presentiments which 
the greatness of the charge and the weakness of my powers 
so justly inspire. A rising nation, spread over a wide and 
fruitful land ; traversing all the seas with the rich productions 
of their industry ; engaged in commerce with nations who 
feel power and forget right ; advancing rapidly to destinies 
beyond the reach of mortal eye, — when I contemplate these 
transcendant objects, and see the honor, the happiness, and 
the hopes of this beloved country committed to the issue and 
the auspices of this day, I shrink from the contemplation, 
and humble myself before the magnitude of the undertaking. 
Utterly, indeed, should I despair, did not the presence of 
many whom I here see remind me that in the other high au- 



286 THE AMERICAN SAFEGUARD. 

thorities provided by our Constitution I shall find resources 
of wisdom, of virtue, and of zeal, on which to rely under all 
difficulties. To you, then, gentlemen, who are charged with 
the sovereign functions of legislation, and to those associated 
with you, I look with encouragement for that guidance and 
support which, may enable us to steer with safety the vessel 
in which we are all embarked, amidst the conflicting elements 
of a troubled world. 

During the contest of opinion through which we have 
passed, the animation of discussions and of exertions has 
sometimes worn an aspect which might impose on strangers, 
unused to think freely, and to speak and to write what they 
think ; but, this being now decided by the voice of the nation, 
announced, according to the rules of the Constitution, all will, 
of course, arrange themselves under the will of the law, and 
unite in common efforts for the common good. All, too, will 
bear in mind this sacred principle, that, though the will of 
the majority is in all cases to prevail, that will, to be rightful, 
must be reasonable; that the minority possess their equal 
rights, which equal laws must protect, and to violate would 
be oppression. Let us, then, fellow-citizens unite with one 
heart and one mind ; let us restore to social intercourse that 
harmony and affection without which liberty and even life 
itself are but dreary things. And let us reflect, that, having 
banished from our land that religious intolerance under which 
mankind so long bled and suffered, we have yet gained little, 
if we countenance a political intolerance as despotic, as 
wicked, and capable of as bitter and bloody persecutions. 
During the throes and convulsions of the ancient world ; dur- 
ing the agonizing spasms of infuriated man, seeking, through 
blood and slaughter, his long lost liberty, it was not wonder- 
ful that the agitation of the billows should reach even this 
distant and peaceful shore ; that this should be more felt and 
feared by some, and less by others, and should divide opinions 



JEFFERSOX'S INAUGURAL ADDRESS. 287 

as to measures of safety; but every difference of opinion is 
not a difference of principle. We have called by different 
names brethren of the same principle. We are all republi- 
cans : we are all federalists. If there be any among ns who 
would wish to dissolve this Union, or to change its republican 
form, let them stand, undisturbed, as monuments of the safety 
with which error of opinion may be tolerated, where reason 
is left free to combat it. I know, indeed, that some honest 
men fear that a republican government cannot be strong — 
that this Government is not strong enough. But would the 
honest patriot, in the full tide of successful experiment, aban- 
don a Government which has so far kept us free and firm, on 
the theoretic and visionary fear that this Government, the 
world's best hope, may, by possibility, want energy to pre- 
serve itself ? I trust not. I believe this, on the contrary, the 
strongest Government on earth. I believe it the only one 
where every man, at the call of the law, would fly to the 
standard of the law, and would meet invasions of the public 
order as his own personal concern. Sometimes it is said that 
man cannot be trusted with the government of himself. Can 
he then be trusted with the government of others? Or have 
we found angels, in the form of kings, to govern him ? Let 
history answer this question. 

Let us, then, with courage and confidence, pursue our own 
federal and republican principles — our attachment to union 
and rej>resentative government. Kindly separated by nature 
and a wide ocean from the exterminating havoc of one quar- 
ter of the globe ; too high minded to endure the degradations 
of the others ; possessing a chosen country, with room enough 
for our descendants to the thousandth and thousandth genera- 
tion ; entertaining a due sense of our equal right to the use of 
our own faculties, to the acquisitions of our own industry, to 
honor and confidence from our fellow-citizens, resulting, not 
from birth, but from our actions, and their sense of them ; en- 
lightened by a benign religion, professed, indeed, and prac- 



288 THE AMERICAN SAFEGUARD. 

tised-, In various forms, yet all of them inculcating honesty, 
truth, temperance, gratitude, and the love of man; acknowl- 
edging and adoring an overruling Providence, which, by all 
its dispensations, proves that it delights in the happiness of 
man here, and his greater happiness hereafter, — with all these 
blessings, what more is necessary to make us a happy and pros- 
perous people ? Still one thing more, fellow-citizens : a wise 
and frugal Government, which shall restrain men from injur- 
ing one another, shall leave them otherwise free to regulate 
their own pursuits of industry and improvement, and shall 
not take from the mouth of labor the bread it has earned. 
This is the sum of good government, and this is necessary to 
close the circle of our felicities. 

About to enter, fellow-citizens, on the exercise of duties 
which comprehend every thing clear and valuable to you, it is 
proper you should understand what I deem the essential prin- 
ciples of our Government, and, consequently, those which 
ought to shape its administration. I will compress them 
within the narrowest compass they will bear — stating the 
general principle, but not all its limitations. Equal and ex- 
act justice to all men, of whatever state or persuasion, reli- 
gious or political ; peace, commerce, and honest friendship 
with all nations, entangling alliances with none ; the support 
of the State governments in all their rights, as the most com- 
petent administrations for our domestic concerns, and the 
surest bulwarks against anti-republican tendencies ; the pre- 
servation of the General Government in its whole constitu- 
tional vigor, as the sheet-anchor of our peace at home and 
safety abroad ; a jealous care of the right of election by the 
people ; a mild and safe corrective of abuses which are lop- 
ped by the sword of revolution, where peaceable remedies 
are unprovided ; absolute acquiescence in the decisions of the 
majority, the vital principle of republics, from which is no 
appeal but to force, the vital principle and immediate parent 
of despotism ; a well-disciplined militia, our best reliance in 



Jefferson's inaugural address. 289 

peace, and for the first moments of war, till regulars may re- 
lieve them; the supremacy of the civil over the military au- 
thority ; economy In the public expense, that labor may be 
lightly burdened ; the honest payment of our debts, and sa- 
cred preservation of the public faith ; encouragement of agri- 
culture, and of commerce as its handmaid ; the diffusion of 
information, and arraignment of all abuses at the bar of pub- 
lic reason ; freedom of religion, freedom of the press, and 
freedom of person, under the protection of the habeas corpus ; 
and trial by juries impartially selected. These principles 
form the bright constellation which has gone before us, and 
guided our steps through an age of revolution and reforma- 
tion. The wisdom of our sages and blood of our heroes have 
been devoted to their attainment. They should be the creed of 
our political faith, the text of civic instruction, the touch-stone 
by which to try the services of those we trust ; and should we 
wander from them in moments of error or of alarm, let us 
hasten to retrace our steps, and to regain the road which alone 
leads to peace, liberty, and safety. 

I repair, then, fellow-citizens, to the post you have assigned 
me. With experience enough in subordinate offices to have 
seen the difficulties of this, the greatest of all, I have learnt 
to expect that it will rarely fall to the lot of imperfect man 
to retire from this station with the reputation and the favor 
which brought him into it. Without pretensions to that high 
confidence you reposed in our first and greatest revolutionary 
character, whose pre-eminent services has entitled him to the 
first place in his country's love, and destined for him the fair- 
est page in the volume of faithful history, I ask so much con- 
fidence only as may give firmness and effect to the legal ad- 
ministration of your affairs. I shall often go wrong, through 
defect of judgment. When right, I shall often be thought 
wrong by those whose positions will not command a view of 
the whole ground. I ask your indulgence for my own errors, 

which will never be intentional, and your support against the 
38 



290 THE AMERICAN SAFEGUARD. 

errors of others, who may condemn what they would not if 
seen in all its parts. The approbation implied by your suf- 
frage is a great consolation to me for the past ; and my future 
solicitude will be, to retain the good opinion of those who 
have bestowed it in advance, to conciliate that of others by 
doing them all the good in my power, and to be instrumental 
to the happiness and freedom of all. 

Relying, then, on the patronage of your good will, I ad- 
vance with obedience to the work, ready to retire from it when- 
ever you become sensible how much better choices it is in 
your power to make. And may that Infinite power .which 
rules the destinies of the universe, lead our councils to what 
is best, and give them a favorable issue for your peace and 
prosperity. 



INAUGURAL ADDRESS OF JAMES MADISON, 

PRESIDENT OF THE UNITED STATES, 

AT HIS FIRST TERM OF OFFICE— MARCH 4, 1809. 



Gentlemen of the Senate and House of Representatives : 

Unwilling to depart from examples of the most revered 
authority, I avail myself of the occasion now presented, 
to express the profound impression made upon me by the 
call of my country to the station, to the duties of which I 
am about to pledge myself by the most solemn of sanctions. 
So distinguished a mark of confidence, proceeding from 
the deliberate and tranquil suffrage of a free and virtuous 
nation, would, under any circumstances, have commanded 
my gratitude and devotion, as well as filled me with an 
aw T ful sense of the trust to be assumed. Under the various 
circumstances which give peculiar solemnity to the existing 
period, I feel that both the honor and responsibility allotted 
to me, are inexpressibly enhanced. 

The present situation of the world is indeed without a 
parallel, and that of our country full of difficulties. The- 
pressure of these two is the more severely felt, because they 
have fallen upon us at a moment when national prosperity,, 
being at a bight not before attained, the contrast resulting 
from this change has been rendered the more striking. 
Under the benign influence of our republican institutions, 
and the maintenance of peace with all nations, whilst so 



292 THE AMERICAN SAFEGUARD. 

many of them have been engaged in bloody and wasteful 
wars, the fruits of a just policy were enjoyed in an unri- 
valed growth of our faculties and resources. Proofs of 
this were seen in the improvements of agriculture; in the 
successful enterprises of commerce; in the progress of 
manufactures and useful arts; in the increase of the public 
revenue, and the use made of it in reducing the public 
debt; and in the valuable works. and establishments every- 
where multiplying over the face of our land. 

It is a precious reflection, that the transition from this 
prosperous condition of our country to the scene which 
has for some time been distressing us, is not chargable on 
any unwarrantable views, nor, as I trust, on any involun- 
tary errors in the publie councils. Indulging no passions 
which trespass on the rights or the repose of other nations, 
it has been the true glory of the United States to cultivate 
peace, by observing justice, and to entitle themselves to 
the respect of the nations at war, by fulfilling their neutral 
obligations with the most scrupulous impartiality. If there 
be candor in the world, the truth of these assertions will 
not be questioned. Posterity, at least, will do justice to 
them. 

This unexceptionable course could not avail against the 
injustice and violence of the belligerent powers. In their 
rage against each other, or impelled by more direct mo- 
tives, principles of retaliation have been introduced, 
equally contrary to universal reason and acknowledged 
law. How long their arbitrary edicts will be continued, in 
spite of the demonstrations that not even a pretext for 
them has been given by the United States, and of the fair 
and liberal attempts to induce a revocation of them, cannot 
be anticipated. Assuring myself that, under every vicissi- 
tude, the determined spirit and united councils of the na- 
tion will be safeguards to its honor and its essential inter- 
ests, I repair to the post assigned me, with no other dis- 



madison's inaugural address. 293 

couragement than what springs from my own inadequacy 
to its high duties. If I clo not sink under the weight of 
this deep conviction, it is because I find some support in 
a consciousness of the purposes, and a confidence in the 
principles which I bring with me into this arduous service. 
To cherish peace and friendly intercourse with all na- 
tions, having correspondent dispositions; to maintain sin- 
cere neutrality towards belligerent nations; to prefer, in 
all cases, amicable discussion and reasonable accommoda- 
tion of differences, to a decision of them by an appeal to 
arms; to exclude foreign intrigues and foreign partialities, 
so degrading to all countries, and so baneful to free ones ; 
to foster a spirit of independence; too just to invade the 
rights of others ; too proud to surrender our own ; too lib- 
eral to indulge unworthy prejudices ourselves, and too 
elevated not to look down upon them in others; to hold 
the union of the States as the basis of their peace and hap- 
piness; to support the Constitution, which is the cement 
of the Union, as well in its limitations as in its authorities ; 
to respect the rights and authorities reserved to the States 
and to the people, as equally incorporated with, and essen- 
tial to the success of the general system ; to avoid the 
slightest interference with the rights of conscience, or the 
functions of religion, so wisely exempted from civil juris- 
diction ; to preserve, to their full energy, the other salutary 
provisions in behalf of private and personal rights, and of 
the freedom of the press; to observe economy in public 
expenditures; to liberate the public resources by an hon- 
orable discharge of the public debts; to keep within the 
requisite limits a standing military force, always remem- 
bering, that an armed and trained militia is the firmest 
bulwark of republics; that without standing armies their 
liberty can never be in danger, nor, with large ones, safe ; 
to. promote, by authorized means, improvements friendly 
to agriculture, to manufactures, and to external as well as 



29-4 THE AMERICAN SAFEGUARD. 

internal commerce; to favor, in like manner, the advance- 
ment of science and the diffusion of information, as the 
best aliment to true liberty; to carry on the benevolent 
plans which have been so meritoriously applied to the con- 
version of our aboriginal neighbors, from the degradation 
and wretchedness of savage life, to a participation of the 
improvements of which the human mind and manners are 
susceptible in a civilized state: As far as sentiments and 
intentions such as these can aid the fulfillment of my duty, 
they will be a resource which cannot fail me. 

It is my good fortune, moreover, to have the path in 
which I am to tread, lighted by examples of illustrious 
services, successfully rendered in the most trying difficul- 
ties, by those who have marched before me. Of those of 
my predecessor, it might least become me here to speak — 
I may, however, be pardoned for not suppressing the sym- 
pathy, with which my heart is full, in the rich reward he 
enjoys in the benedictions of a beloved country, gratefully 
bestowed for exalted talents, zealously devoted, through a 
long career, to the advancement of its highest interest and 
happiness. But the source to which I look for the aids, 
which alone can supply my deficiencies, is in the well-tried 
intelligence and virtue of my fellow-citizens, and in the 
councils of those representing them in the other depart- 
ments associated in the care of the national interests. In 
these my confidence will, under every difficulty, be best 
placed; next to that which we have all been encouraged 
to feel in the guardianship and guidance of that Almighty 
Being whose power regulates the destiny of nations, whose 
blessings have been so conspicuously dispensed to this 
rising republic, and to whom we are bound to address our 
devout gratitude for the past, as well as our fervent sup- 
plications and best hopes for the future. 



FAREWELL ADDRESS OF PRESIDENT JACKSOl 



Fellow-Citizens : Being about to retire finally from 
public life, I beg leave to offer you my greatful thanks for 
the many proofs of kindness and confidence which I have 
received at your hands. It has been my fortune, in the 
discharge of public duties, civil and military, frequently to 
have found myself in difficult and trying situations, where 
prompt decision and energetic action were necessary, and 
where the interests of the country required that high re- 
sponsibilities should be fearlessly encountered ; and it is 
with the deepest emotions of gratitude that I acknowledge 
the continued and unbroken confidence with which you 
have sustained me in every trial. My public life has been 
a long one, and I cannot hope that it has at all times been 
free from errors. But I have the consolation of knowing, 
that if mistakes have been committed, they have not seri- 
ously injured the country I so anxiously endeavored to 
serve ; and at the moment when I surrender my last public 
trust, I leave this great people prosperous and happy; in 
the full enjoyment of liberty and peace, and honored and 
respected by every na^on in the world. 

If my humble efforts have, in any degree, contributed 
to preserve to you these blessings, I have been more than 
rewarded by the honors you have heaped upon me ; and. 



296 THE AMERICAN SAFEGUARD. 

above all, by the generous confidence with which you 
have supported me in every peril, and with which you 
have continued to animate and cheer my path to the closing 
hour of my political life. The time has now come, when 
advanced age and a broken frame warn me to retire from 
public concerns ; but the recollection of the many favors 
you have bestowed upon me is engraven upon my heart, 
and I have felt that I could not part from your service 
without making this public acknowledgement of the grat- 
itude I owe you. And if I use the occasion to offer to you 
the counsels of age and experience, you will, I trust, receive 
them with the same indulgent kindness which you have 
so often extended to me; and will, at least, see in them an 
earnest desire to perpetuate, in this favored land, the bles- 
sings of liberty and equal laws. 

We have now lived almost fifty years under the Consti- 
tution framed by the sages and patriots of the Revolution. 
The conflicts in which the nations of Europe were engaged 
during a great part of this period ; the spirit in which 
they waged war with each other ; and our intimate com- 
mercial connections with every part of the civilized world, 
rendered it a time of much difficulty tor the Government 
of the United States. We have had our seasons of peace 
and of war, with all the evils which precede or follow a 
state of hostility with powerful nations. We encountered 
these trials, with our Constitution yet in its infancy, and 
under the disadvantages which a new and untried govern- 
ment must all always feel, when it is called upon to put 
forth its whole strength, without the lights of experience 
to guide it, or the weight of precedents to justify its meas- 
ures. But we have passed triumphantly through all these 
difficulties. Our Constitution is no longer a doubtful ex- 



JACKSOX'S FAREWELL ADDRESS. 297 

periment ; and at the end of nearly half a century, we 
find that it has preserved, unimpaired, the liberties of the 
people, and secured the rights of property, and that our 
country has improved, and is flourishing beyond any for- 
mer example in the history of nations. 

In our domestic concerns, there is everything to encour- 
age us ; and if vou are true to yourselves, nothing; can 
impede your march to the highest point of national pros- 
perity. The States which have so long been retarded in 
their improvements by the Indian tribes residing in the 
midst of them, are at length relieved from the evil ; and 
this unhappy race — the original dwellers in our land — are 
now placed in a situation where we may well hope that 
they will share in the blessings of civilization, and be 
saved from that degradation and destruction to which they 
were rapidly hastening, while they remained in the States ; 
and while the safety and comfort of our own citizens have 
been greatly promoted by their removal, the philanthropist 
will rejoice that the remnant of this ill-fated race has been 
at length placed beyond the reach of injury or oppression, 
and that the paternal care of the general government will 
hereafter watch over them and protect them. 

If we turn to our relations with foreign powers, we find 
our condition equally gratifying. Actuated by the sincere 
desire to do justice to every nation, and to preserve the 
blessings of peace, our intercourse with them has been 
conducted on the part of this Government in the spirit of 
frankness, and I take pleasure in saying that it has gener- 
ally been met in a corresponding temper. Difficulties of 
old standing have been surmounted by friendly discussion, 
and a mutual desire to be just ; and the claims of our cit- 
izens, which had been long withheld, have at length been 



298 THE AMERICAN SAFEGUARD. 

been acknowledged and adjusted, and satisfactory arrange- 
ments made for their final payment ; and with a limited, 
and I trust a temporary exception, our relations with every 
foreign power are now of the most friendly character — our 
commerce continually expanding, and our flag respected 
in every quarter of the world. 

These cheering and grateful prospects, and these multi- 
plied favors, we owe, under Providence, to the adoption of 
the Federal Constitution. It is no longer a question 
whether this great country can remain happily united, and 
nourish under our present form of government. Experi- 
ence, the unerring test of all human undertakings, has 
shown the wisdom and foresight of those who. formed it; 
and has proved, that in the union of these states there is 
a sure foundation for the brightest hopes of freedom, and 
for the happiness of the people. At every hazard, and by 
every sacrifice, this Union must be preserved. 

The necessity of watching with jealous anxiety, for the 
preservation of the Union, was earnestly pressed upon his 
iellow-citizens by the Father of his country, in his fare- 
well address. He has there told us, that "while experi- 
ence shall not have demonstrated its impracticability, there 
will always be reason to distrust the patriotism of those 
who, in any quarter, may endeavor to weaken its bonds;" 
and he has cautioned us, in the strongest terms, against 
the formation of parties on geographical discriminations, 
as one of the means which might disturb our Union, and 
to which designing men would be likely to resort. 

The lessons contained in this invaluable legacy of Wash- 
ington to his countrymen, should be cherished in the heart 
of every citizen to the latest generation ; and, perhaps, at 
no period of time could they be more usefully remembered 
than at the present moment. For when we look upon the 
scenes that are passing around us, and dwell upon the 
pages of his parting address, his paternal counsels would 



jackson's farewell address. 299 

seem to be not merely the offspring of wisdom and fore- 
sight, but the voice of prophecy foretelling events and 
warning us of the evil to come. Forty years have passed 
since this imperishable document was given to his country- 
men. The Federal Constitution was then regarded by 
him as an experiment, and he so speaks of it in his ad- 
dress; but an experiment upon the success of which the 
best hopes of his country depended, and we all know that 
he was prepared to lay down his life, if necessary, to secure 
to it a full and fair trial. The trial has been made. It 
has succeeded beyond the proudest hopes of those who 
framed it. Every quarter of this widely extended nation 
has felt its blessings, and shared in the general prosperity 
produced by its adoption. But amid this general prosper- 
ity and splendid success, the dangers of which he warned 
us are becoming every day more evident, and the signs of 
evil are sufficiently apparent to awaken the deepest anxi- 
ety in the bosom of the patriot. We hold systematic 
efforts publicly made to sow the seeds of discord between 
different parts of the United States, and to place party di- 
visions directly upon geographical distinctions; to excite 
the South against the North, and the North against the 
South, and to force into the controversy the most delicate 
and exciting topics upon which it is impossible that a large 
portion of the Union can ever speak without strong emo- 
tions. Appeals, too, are constantly made to sectional in- 
terests, in order to influence the election of the Chief 
Magistrate, as if it were desired that he should favor a par- 
ticular quarter of the country, instead of fulfilling the du- 
ties of his station with impartial justice to all; and the 
possible dissolution of the Union has at length become an 
ordinary and familiar subject of discussion. Has the 
warning voice of Washington been forgotten ? or have de- 
signs already been formed to sever the Union ? Let it not 
be supposed that I impute to all of those who have taken 



300 THE AMERICAN SAFEGUARD. 

an active part in these unwise and unprofitable discussions, 
a want of patriotism or of public virtue. The honorable 
feeling of state pride, and local attachments, find a place 
in the bosoms of the most enlightened and pure. But 
while such men are conscious of their own integrity and 
honesty of purpose, they ought never to forget that the 
citizens of other states are their political brethren; and 
that, however mistaken they may be in their views, the 
great body of them are equally honest and upright with 
themselves. Mutual suspicions and reproaches may in 
time create mutual hostility, and artful and designing men 
will always be found, who are ready to foment these fatal 
divisions, and to inflame the natural jealousies of different 
sections of the country. The history of the world is full 
of such examples, and especially the history of republics. 
What have you to gain by division and dissension? De- 
lude not yourselves with the belief that a breach once 
made, may be afterwards repaired. If the Union is once 
severed, the line of separation will grow wider and wider, 
and the controversies which are now debated and settled 
in the halls of legislation, will then be tried in fields of 
battle, and be determined by the sword. E"either should 
you deceive yourselves with the hope, that the first line 
of separation would be the permanent one, and that noth- 
ing but harmony and concord wo aid be found in the new 
associations, formed upon the dissolution of this Union. 
Local interests would still be found there, and unchastened 
ambition. And if the recollection of common dangers, in 
which the people of these United States stood side by side 
against the common foe ; the memory of victories won by 
their united valor; the prosperity and happiness they have 
enjoyed under the present Constitution; the proud name 
they bear as citizens of this great republic; if all these 
recollections and proofs of common interest are not strong 



jackson's farewell address. 301 

enough to bind us together as one people, what tie will 
hold united the new divisions of empire, when these bonds 
have been broken and this Union dissevered? The first 
line of separation would not last for a single generation ; 
new fragments would be torn off; new leaders would 
spring up ; and this great and glorious republic would soon 
be broken into a multitude of petty states ; without com- 
merce, without credit; jealous of one another; armed for 
mutual aggression; loaded with taxes to pay armies and 
leaders; seeking aid against each other from foreign pow- 
ers; insulted and trampled upon by the nations of Europe, 
until, harrassed with conflicts, and humbled and debased 
in spirit, they would be ready to submit to the absolute 
dominion of any military adventurer, and to surrender 
their liberty for the sake of repose. It is impossible to 
look on the consequences that would inevitably follow the 
destruction of this government, and not feel indignant 
when we hear cold calculations about the value of the 
Union, and have so constantly before us a line of conduct 
so well calculated to weaken its ties. 

There is too much at stake to allow pride and passion to 
influence your decision. T\ever for a moment believe that 
the great body of the citizens of any State or States can de- 
liberately intend to do wrong. They may, under the influ- 
ence, of temporary excitement or misguided opinions, commit 
mistakes ; they may be misled for a time by the suggestions 
of self-interest ; but in a community so enlightened and patri- 
otic as the people of the United States, argument will soon 
make them sensible of their errors ; and when convinced, they 
will be ready to repair them. If they have no higher or bet- 
ter motives to govern them, they will at least perceive that 
their own interest requires them to be just to others, as they 
hope to receive justice at their hands. 

Eut in order to maintain the Union unimpaired, it is abso- 



302 THE AMERICAN SAFEGUARD. 

lately necessary that the laws passed by the constituted au- 
thorities should be faithfully executed in every part of the 
country, and that every good citizen should at all times stand 
ready to put down, with the combined force of the nation., 
every attempt at unlawful resistance, under whatever pre- 
text it may be made, or whatever shape it may assume. 
Unconstitutional or oppressive laws may, no doubt, be 
passed by Congress, either from erroneous views or the 
want of due consideration ; if they are within reach of 
judicial authority, the remedy is easy and peaceful ; and if, 
from the character of the law, it is an abuse of power not 
within the control of the judiciary, then free discussion and 
calm appeals to reason and to the justice of the people will 
not fail to redress the wrong. But until the law shall be de- 
clared void by the courts, or repealed by Congress, no indi- 
vidual, or combination of individuals, can be justified in for- 
cibly resisting its execution. It is impossible that any gov- 
ernment can continue to exist upon any other principles. It 
would cease to be a government, and be unworthy of the 
name, if it had not the power to enforce the execution of its 
own laws within "its own sphere of action. 

It is true that cases may be imagined, disclosing such a set- 
tled purpose of usurpation and oppression, on the part of the 
government, as would justify an appeal to arms. These, 
however, are extreme cases, which we have no reason to ap- 
prehend in a government where the power is in the hands of 
a patriotic people ; and no citizen who loves his country would 
in any case whatever resort to forcible resistance, unless he 
clearly saw that the time had come when a freeman should 
prefer death to submission ; for if such a struggle is once be- 
gun, and the citizens of one section of the country arrayed in 
arms against those of another, in doubtful conflict, let the 
battle result as it may, there will be an end of the Union, and 
with it an end of the hopes of freedom. The victory of the 
injured would not secure to them the blessings of liberty ; it 



jackson's farewell address. 303 

would avenge their wrongs, but they would themselves share 
in the common ruin. 

But the Constitution cannot be maintained, nor the Union 
preserved, in opposition to public feeling, by the mere exer- 
tion of the coercive powers confided to the general govern- 
ment. The foundations must be laid in the affections of the 
people ; in the security it gives to life, liberty, character and 
property, in every quarter of the country ; and in the fra- 
ternal attachments which the citizens of the several States 
bear to one another, as members of one political family, nat- 
urally contributing to promote the happiness of each other. 
Hence, the citizens of every State should studiously avoid 
everything calculated to wound the sensibility or offend the 
just pride of the people of other States ; and they should frown 
upon any proceedings within their own borders likely to disturb 
the tranquility of their political brethren in other portions of 
the Union. In a country so extensive as the United States, and 
with pursuits so varied, the internal regulations of the several 
States must frequently differ from one another in important 
particulars ; and this difference is unavoidably increased by 
the varying principles upon which the American colonies 
were originally planted; principles which had taken deep 
root in their social relations before the Revolution, and there- 
fore, of necessity, influencing their policy since' they became 
free and independent States. ' But each State has the unques- 
tionable right to regulate its own internal concerns according 
to its own pleasure ; and while it does not interfere with the 
rights of the people of other States, or the rights of the Union, 
every State must be the sole judge of the measures proper to 
secure the safety of its citizens and promote their happiness ; 
and all efforts on the part of people of other States to cast 
odium upon their institutions, and all measures calculated to 
disturb their rights of property, or to put in jeopardy their 
peace and internal tranquility, are in direct opposition to the 
spirit in which the Union was formed, and must endanger its 



30-4 THE AMERICAN SAFEGUARD. 

safety. Motives of philanthropy may be assigned for this un- 
warrantable interference; and weak men may persuade them- 
selves for a moment that they are laboring in the cause of 
humanity, and asserting the rights of the human race; but 
every one, upon sober reflection, will see that nothing but 
mischief can come from these improper assaults upon the feel- 
ings and rights of others. Rest assured, that the men found 
busy in this work of discord are not worthy of your confi- 
dence, and deserve your strongest reprobation. 

In the legislation of Congress, also, and in every measure 
of the general government, justice to every portion of the 
United States should be faithfully observed. ~No free govern- 
ment can stand without virtue in the people, and a lofty spirit 
of patriotism ; and if the sordid feelings of mere selfishness 
shall usurp the place which ought to be filled by public spirit, 
the legislation of Congress will soon be converted into a 
scramble for personal and sectional advantages. Under our 
free institutions, the citizens of every quarter of our country 
are capable of attaining a high degree of prosperity and hap- 
piness, without seeking to profit themselves at the expense of 
others ; and every such attempt must, in the end, fail to suc- 
ceed ; for the people in every part of the United States are 
too enlightened not to understand their own rights and inter- 
ests, and to detect and defeat every effort to gain undue ad- 
vantages over them ; and when such designs are discovered, 
it naturally provokes resentments which cannot always be 
allayed. Justice, full and ample justice, to every portion of 
the United States, should be the ruling principle of every free- 
man, and should guide the deliberations of every public body, 
whether it be state or national. 

It is well known that there have always been those among 
us who wish to enlarge the powers of the general government ; 
and experience would seem to indicate that there is a ten- 
dency on the part of this government to overstep the bounda- 
ries marked out for it by the Constitution. Its legitimate 



jackson's farewell address. 305 

authority is abundantly sufficient for all the purposes for 
which, it was created : and its powers being expressly enumer- 
ated, there can be no justification for claiming anything be- 
yond them. Every attempt to exercise power beyond these 
limits should be promptly and firmly opposed. For one evil 
example will lead to other measures still more mischievous ; 
and if the principle of constructive powers, or supposed ad- 
vantages, or temporary circumstances, shall ever be permitted 
to justify the assumption of a power not given by the Consti- 
tution, the general government will before long absorb all 
the powers of legislation, and you will have, in effect, but one 
consolidated government. From the extent of our country, 
its diversified interests, different pursuits, and different habits, 
it is too obvious for argument that a single consolidated gov- 
ernment would be wholly inadequate to watch over and j^rc- 
tect its interests ; and every friend of our free institutions 
should be always prepared to maintain unimpaired and in 
full vigor the rights and sovereignty of the states, and to 
confine the action of the general government strictly to the 
sphere of its appropriate duties. 

There is, perhaps, no one of the powers conferred on the fed- 
eral government so liable to abuse as the taxing power. The 
most productive and convenient sources of revenue were 
necessarily given to it, that it might be able to perform the 
important duties imposed upon it ; and the taxes which it lays 
upon commerce being concealed from the real payer in the 
price of the article, they do not so readily attract the at- 
tention of the people as smaller sums demanded from 
them directly by the tax gatherer. But the tax imposed on 
goods, enhances by so much the price of the commodity to 
the consumer ; and as many of these duties are imposed on 
articles of necessity which are daily used by the great body 
of the people, the money raised by these imposts is drawn 
from their pockets. Congress has no right under the Consti- 

stitution to take money from the people, unless it is required 
40 



306 THE AMERICAN SAFEGUARD. 

to execute some one of the specific powers intrusted to the 
government ; and if they raise more than is necessary for 
such purposes, it is an abuse of the power of taxation, and 
unjust and oppressive. It may indeed happen that the rev- 
enue will sometimes exceed the amount anticipated when the 
taxes w T ere laid. "When, however, this is ascertained, it is 
easy to reduce them ; and, in such a case, it is unquestiona- 
bly the duty of the government to reduce them, for no cir- 
cumstances can justify it in assuming a power not given to it 
by the Constitution, nor in taking away the money of the 
people when it is not needed for the legitimate wants of the 
government. 

Plain as these principles appear to be, you will yet find 
that there is a constant effort to induce the general govern- 
ment to go beyond the limits of its taxing power, and to im- 
pose unnecessary burdens upon the people. Many powerful 
interests are continually at work to procure heavy duties on 
commerce, and to swell the revenue beyond the real necessi- 
ties of the public service ; and the country has already felt 
the injurious effects of their combined influence. They suc- 
ceeded in obtaining a tariff of duties bearing most oppres- 
sively on the agricultural and laboring classes of society, and 
producing a revenue that could not be usefully employed 
within the range of the powers conferred upon Congress ; and 
in order to fasten upon the people this unjust and unequal 
system of taxation, extravagant schemes of internal improve- 
ment were got up, in various quarters, to squander the money 
and to purchase support. Thus, one unconstitutional meas- 
ure was intended to be upheld by another, and the abuse of 
the power of taxation was to be maintained by usurping the 
power of expending the money in internal improvements. 
You cannot have forgotten the severe and doubtful struggle 
through which we passed, when the executive department of 
the government, by its veto, endeavored to arrest the prodigal 
scheme of injustice, and to bring back the legislation of Con- 



jackson's eauewell address, 307 

gTess to the boundaries prescribed by the Constitution. The 
good sense and practical judgment of the people, when the 
subject was brought before them, sustained tlie course of the 
Executive, and this plan of unconstitutional expenditure for 
the purposes of corrupt influence is, I trust, finally over- 
thrown. 

The result of this decision has been felt in the rapid extin- 
guishment of tlie public debt, and the large accumulation of 
a surplus m the treasury, notwithstanding the tariff was re- 
duced, and is now far below the amount originally contem- 
plated by its advocates. But, rely upon it, the design tc> 
collect an extravagant revenue, and to burden you with taxes--, 
beyond the economical wants of the government, is not yet- 
abandoned. The various interests which have combined] 
together to impose a heavy tariff, and to produce an overflow- 
ing treasury, are too strong, and have too much at stake-, to sur- 
render the contest. The corporations and wealthy individuals^ 
who are engaged in large manufacturing establishments, desire 
a high tariff to increase their gains. Designing politicians will 
support it to conciliate their favor, and to obtain the means 
of prrfnse expenditure, for the purpose of purchasing influ- 
ence in other quarters ; and since the people have decided 
that the federal government cannot be permitted to employ 
its income in internal improvements, efforts will be made to 
seduce and mislead the citizens of the several states, by hold- 
ing out to them the deceitful prospect of benefits to be de- 
rived from a surplus revenue collected by the general govern- 
ment, and annually divided among the states. And if, en- 
couraged by these fallacious hopes, the states should disregard 
the principles of economy which ought to characterize every 
republican government, and should indulge in lavish expendi- 
tures exceeding their resources, they will, before long, find 
themselves oppressed with debts which they are unable to 
pay, and the temptation will become irresistible to support a 
high tariff, in order to obtain a surplus distribution. Do not 



308 THE AMERICAN SAFEGUARD. 

allow yourselves, my fellow-citizens, to be misled on this sub- 
ject. The fedral government cannot collect a surplus for 
such purposes, without violating the principles of the Consti- 
tution, and assuming powers which have not been granted. 
It is, moreover, a system of injustice, and, if persisted in, will 
inevitably lead to corruption, and must end in ruin. The 
surplus revenue will be drawn from the pockets of the people 
— from the farmer, the mechanic, and the laboring classes of 
society ; but who will receive it when distributed among the 
states, where it is to be disposed of by leading state politi- 
cians, who have friends to favor, and political partisans to 
gratify ? It will certainly not be returned to those who paid 
it, and who have most need of it, and are honestly entitled 
to it. There is but one safe rule, and that is, to confine the 
general government rigidly within the sphere of its appropri- 
ate duties. It has no power to raise a revenue, or impose 
taxes, except for the purposes enumerated in the Constitution ; 
and if its income is found to exceed these wants, it should be 
forthwith reduced, and the burdens of the people so far 
lightened. 

In reviewing the conflicts which have taken place between 
different interests in the United States, and the policy pursued 
since the adoption of our present form of government, we 
find nothing that has produced such deep seated evil as the 
course of legislation in relation to the currency. The Consti- 
tution of the United States unquestionably intended to secure 
the people a circulating medium of gold and silver. But the 
establishment of a national bank by Congress, with the priv- 
ilege of issuing paper money receivable in payment of the 
public dues, and the unfortunate course of legislation in the 
several states, upon the same subject, drove from general cir- 
culation the constitutional currency, and substituted one of 
paper in its place. 

It was not easy for men engaged in the ordinary pursuits 
of business, whose attention had not been particulary drawn 



jackson's farewell address. 309 

to the subject, to foresee all the consequences of a currency 
exclusively of paper ; and we ought not, on that account, to 
be surprised at the facility with which laws were obtained to 
carry into effect the paper system. Honest, and even enlight- 
ened men, are sometimes misled by the specious and plausible 
statements of the designing. But experience has now proved 
the mischiefs and dangers of a paper Currency, and it rests 
with yon to determine whether the proper remedy shall be 
applied. 

The paper system being founded on public confidence, and 
having of itself no intrinsic value, it is liable to great and 
sudden fluctuations, thereby rendering property insecure, and 
the wages of labor unsteady and uncertain. The corpora- 
tions which create the paper money cannot be relied upon to 
keep the circulating medium uniform in amount. In times 
of prosperity, when confidence is high, they are tempted by 
the prospect of gain, or by the influence of those who hope 
to profit by it, to extend their issues of paper beyond the 
bounds of discretion and the reasonable demands of business. 
And when these issues have been pushed on, from clay to day. 
until public confidence is at length shaken, then a reaction 
takes place, and they immediately withdraw the credits they 
have given ; suddenly curtail their issues, and produce an 
unexpected and ruinous contraction of the circulating medium, 
which is felt by the whole community. The banks by this 
means save themselves, and the mischievous consequences of 
their imprudence or cupidity are visited upon the public. 
!Nor does the evil stop here. These ebbs and flows of the 
currency, and these indiscreet extensions of credit, naturally 
engender a spirit of speculation injurious to the habits and 
character of the people. We have already seen its effects in 
the wild spirit of speculation in the public lands, and various 
kinds of stocks, which, within the last year or two, seized 
upon such a multitude of our citizens, and threatened to per- 
vade all classes of society, and to withdraw their attention 



310 THE AMERICAN SAFEGUARD. 

from the sober pursuits of honest indnstr} r . It is not by en- 
couraging this spirit that we shall best preserve public virtue,, 
and promote the true interests of our country. But if your 
currency continues as exclusively paper as it now is, it will 
foster this eager desire to amass wealth without labor ; it will 
multiply the number of dependents on bank accommodations 
and bank favors ; the temptation to obtain money at any 
sacrifice, will become stronger and stronger,, and inevitably 
lead to corruption, which will find its way into your public 
councils, and destroy, at no distant day, the purity of your 
government. Some of the evils which arise from this system 
of paper, press with peculiar hardship upon the class of soci- 
ety least able to bear it. A portion of this currency fre- 
quently becomes depreciated or worthless, and all of it is 
easily counterfeited, in such a manner as to require peculiar 
skill and much experience to distinguish the counterfeit from 
the genuine notes. 

These frauds are most generally perpetrated in the smaller 
notes, which are used in the daily transactions of ordinary 
business ; and the losses occasioned by them are commonly 
thrown upon the laboring classes of society r whose situation 
and pursuits put it out of their power to guard themselves 
from these impositions, and whose daily wages are necessary 
for their subsistence. It is the duty of every government, so 
to regulate its currency as to protect this numerous class, as 
far as practicable, from the impositions of avarice and fraud. 
It is more especially the duty of the United States, where the 
government is emphatically the government of the people, and 
where this respectable portion of our citizens am so proudly- 
distinguished from the laboring classes of all other nations, 
by their independent spirit, their love of liberty, their intel- 
ligence, and their high tone of moral character. Their indus- 
try in peace is the source of our wealth ; their bravery in war 
has covered us with glory ; and the government of the United 
States will but ill discharge its duties, if it leaves them a 



JACKSON'S FAREWELL ADDRESS. 811 

prey to such dishonest impositions. Yet it is evident that 
their interests cannot be effectually protected, unless silver 
and gold are restored to circulation. 

These views, alone, of the paper currency, are sufficient to 
call for immediate reform ; but there is another consideration 
which should still more strongly press it upon your attention. 

Recent events have proved that the paper money system of 
this country may be used as an engine to undermine your 
free institution; and that those who desire to engross all 
power in the hands of a few, and to govern by corruption or 
force, are aware of its power, and prepared to employ it. 
Your banks now furnish your only circulating medium, and 
money is plenty or scarce, according to the quantity of 
notes issued by them. While they have capitals not greatly 
disproportionate to each other, they are competitors in busi- 
ness, and no one of them can exercise dominion over the rest ; 
and although, in the present state of the currency, these 
banks may and do operate injuriously upon the habits of 
business, the pecuniary concerns, and the moral tone of soci- 
ety ; yet, from their number and dispersed situation, they 
cannot combine for the purposes of political influence ; and 
whatever may be the dispositions of some of them, their 
power of mischief must necessarily be confined to a narrow 
space, and felt onlv in their immediate neighborhoods. 

But when the charter for the Bank of the United States 
was obtained from Congress, it perfected the schemes of the 
paper system, and gave to its advocates the position they 
have struggled to obtain from the commencement of the fed- 
eral government down to the present hour. The immense 
capital and peculiar privileges bestowed upon it, enabled it 
to exercise despotic sway over the other banks in every part 
of the country. From its superior strength, it could seriously 
injure, if not destroy, the business of any one of them which 
might incur its resentment ; and it openly claimed for itself 
the power of regulating the currency throughout the United 



812 THE AMERICAN SAFEGUARD. 

States. In other words, it asserted (and undoubtedly pos- 
sessed) the power to mate money plenty or scarce, at its 
pleasure, at any time, and in any quarter of the Union, by 
controlling the issues of other banks, and permitting an ex- 
pansion, or compelling a general contraction, of the circulat- 
ing medium, according to its own will. The other banking: 
institutions were sensible of its strength, and they soon gen- 
erally became its obedient instruments, ready at all times to 
execute its mandates ;■ and with the banks necessarily went also 
also that numerous class of persons in our commercial cities 
who depend altogether on bank credits for their solvency and 
means of business, and who are therefore obliged, for their 
own safety,, to propitiate the favor of the money power by 
distinguished zeal and devotion in its service. The result of 
the ill-advised legislation which established this great monop- 
oly, was to concentrate the whole moneyed power of the 
Union, with its boundless means of corruption, and its num- 
erous dependents, under the direction and command of one 
acknowledged head ; thus organizing this particular interest 
as one body, and securing to it unity and concert of action 
throughout the United States, and enabling; it to brine: for- 
ward, upon any occasion r its entire and undivided strength to 
support or defeat any measure of the government- In the 
hands of this formidable power, thus perfectly organized, was 
also placed unlimited dominion over the amount of the circu- 
lating mediam, giving it the power to regulate the value of 
property and the fruits of labor in ererj quarter of the 
Union ; and to bestow prosperity, or bring ruin upon any 
city or section of the country, as might best comport with its- 
own interest or policy. 

We are not left to conjecture how the moneyed power,, 
thus organized, and with such a weapon in its hands* ? 
would be likely to use it. The distress and alarm which 
pervaded and agitated the whole country, when the Bank 
of the United States waged war upon the people in order 



jackson's farewell address. 313 

to compel them to submit to its demands, cannot yet be 
forgotten. The ruthless and unsparing temper with which 
whole cities and communities were oppressed, individuals 
impoverished and ruined, and a scene of cheerful prosper- 
ity suddenly changed into one of gloom and despondency, 
ought to be indelibly impressed on the memory of the peo- 
ple of the United States. If such was its power in a time 
of peace, what would it not have been in a season of war, 
with an enemy at your doors ? Iso nation but the freemen 
of the United States could have come out victorious from 
such a contest; yet, if you had not conquered, the govern- 
ment would have passed from the hands of the many to the 
hands of the few ; and this organized money power, from 
its secret conclave, would have dictated the choice of your 
highest officers, and compelled you to make peace or war, 
as best suited their own wishes. The forms of your gov- 
ernment might for a time have remained, but its living 
spirit would have departed from it. 

The distress and sufferings inflicted on the people by the 
bank are some of the fruits of that system of policy which 
is continually striving to enlarge the authority of the fed- 
eral government beyond the limits fixed by the Constitu- 
tion. The powers enumerated in that instrument do not 
confer on Congress the right to establish such a corpora- 
tion as the Bank of the United States; and the evil conse- 
quences which followed may warn us of the danger of de- 
parting from the true rule of construction, and of permit- 
ing temporary circumstances, or the hope of better pro- 
moting the public welfare, to influence in any degree our 
decisions upon the extent of the authority of the general 
government. Let us abide by the Constitution as it is 
written, or amend it in the constitutional mode, if it is 
found to be defective. 



314 THE AMERICAN SAFEGUARD. 

The severe lessons of experience will, I doubt not, be 
sufficient to prevent Congress from again chartering such 
a monopoly, even if the Constitution did not present an 
insuperable objection to it. But you must remember, my 
fellow-citizens, that eternal vigilance by the people is the 
price of liberty; and that you must pay the price if you 
wish to secure the blessing. It behooves you, therefore, 
to be watchful in your States, as well as in the federal gov- 
ernment. The power which the moneyed interest can ex- 
ercise, when concentrated under a single head and with 
our present system of currency, was sufficiently demon- 
strated in the struggle made by the Bank of the United 
States. Defeated in the general government, the same 
class of intriguers and politicians will now resort to the 
States, and endeavor to obtain there the same organization, 
which the}- failed to perpetuate in the Union ; and with 
specious and deceitful plans of public advantages, and 
State interests, and State pride, they will endeavor to es- 
tablish, in the different States, one moneyed institution 
with overgrown capital, and exclusive privileges, sufficient 
to enable it to control the operations of the other banks. 
Such an institution will be pregnant with the same evils 
produced by the Bank of the United States, although its 
sphere of action is more confined ; and in the State in 
which it is chartered, the money power will be able to em- 
body its whole strength, and to move together with undi- 
vided force, to accomplish any object it may wish to attain. 
You have already had abundant evidence of its power to 
inflict injury upon the agricultural, mechanical and labor- 
ing classes of society ; and over those whose engagements 
in trade or speculation render them dependent on bank 
facilities, the dominion of the State monopoly will be abso- 
lute, and their obedience unlimited. With such a bank, 



jackson's farewell address. 315 

and a paper currency, the money power would in a few 
years govern the State and control its measures ; and if a 
sufficient number of States can be induced to create such 
establishments, the time will soon come wnen it will again 
take the field against the United States, and succeed in 
perfecting and perpetuating its organization by a charter 
from Congress. 

It is one of the serious evils of our present system of 
banking, that it enables one class of society — and that by 
no means a numerous one — by its control over the curren- 
cy, to act injuriously upon the interests of all the others, 
and to exercise more than its just proportion of influence 
in political affairs. The agricultural, the mechanical, and 
the laboring classes, have little or no share in the direction 
of the great moneyed corporations; and from their habits 
and the nature of their pursuits, they are incapable of 
forming extensive combinations to act together with united 
force. Such concert of action may sometimes be produced 
in a single city, or in a small district of country, by means of 
personal communications with each other; but they have 
no regular or active correspondence with those who are 
engaged in similar pursuits in distant places ; they have 
but little patronage to give to the press, and exercise but 
a small share of influence over it; they have no crowd of 
dependents about them, who hope to grow rich without 
labor, by their countenance and favor, and who are, there- 
fore, always, ready to execute their wishes. The planter, 
the farmer, the mechanic, and the laborer all know that 
their success depends upon their own industry and econ- 
omy, and that they must not expect to become suddenly 
rich by the fruits of their toil. Yet these classes of society 
form the great body of the people of the United States; 



316 THE AMERICAN SAFEGUARD. 

they are the bone and sinew of the country; men who love 
liberty, and desire nothing but equal rights and equal laws, 
and who, moreover, hold the great mass of our national 
wealth, although it is distributed in moderate amounts 
among the millions of freemen who possess it. Bat with 
overwhelming numbers and wealth on their side, they are 
in constant danger of losing their fair influence in the gov- 
ernment, and with difficulty maintain their just rights 
against the incessant efforts daily made to encroach upon 
them. 

The mischief springs from the power which the moneyed 
interest derives from a paper currency, which they are able 
to control, from the multitude of corporations with exclu- 
sive privileges, which they have succeeded in obtaining in 
the different States, and which are employed altogether for 
their benefit; and unless you become more watchful in 
your States, and check this spirit of monopoly and thirst 
for exclusive privileges, you will, in the end, find that the 
most important powers of government have been given or 
bartered away, and the control over your dearest interests 
have passed into the hands of these corporations. 

The paper-money system, and its natural associates, monop- 
oly and exclusive privileges, have already struck their roots 
deep in the soil; and it will require all your efforts to check 
its farther growth, and to eradicate the evil. The men who 
profit by the abuses, and desire to perpetuate them, will con- 
tinue to besiege the halls of legislation in the general govern- 
ment, as well as in the states, and will seek, by every artifice, 
to mislead and deceive the public servants. It is to yourselves 
that you must look for safety and the means of guarding and 
perpetuating your free institutions. In your hands is right- 
fully placed the sovereignty of the country, and to you every 
one placed in authority is ultimately responsible. It is always 
in your power to see that the wishes of the people are carried 
into faithful execution, and their will, when once made known, 



jackson's farewell address. 317 

must sooner or later be obeyed. And while the people re- 
main, as I trust they ever will, uncorrupted and incorruptible, 
and continue watchful and jealous of their rights, the govern- 
ment is safe, and the cause of freedom will continue to tri- 
umph over all its enemies. But it will require steady and per- 
severing exertions on your part to rid yourselves of the iniqui- 
ties and mischiefs of the paper system, and to cheek the spirit 
of monopoly and other abuses, which have sprung up with it, 
and of which it is the main support. So many interests are 
united to resist all reform on this subject, that you must not 
hope the conflict will be a short one, nor success easy. My 
humble efforts have not been spared, during my administra- 
tion of the government, to restore the constitutional currency 
of gold and silver; and something, I trust, has been done to- 
wards the accomplishment of this most desirable object. But 
enough yet remains to require all your energy and persever- 
ance. The power, however, is in your hands, and the remedy 
must and will be applied if } t ou determine upon it. 

While I am thus endeavoring to press upon your attention 
the principles which I deem of vital importance to the domes- 
tic concerns of the country, I ought not to pass over without 
notice the important considerations which should govern your 
policy towards foreign powers. It is unquestionably our true 
interest to cultivate the most friendly understanding with 
every nation, and to avoid, by every honorable means, the 
calamities of war ; and we shall best attain this object by 
frankness and sincerity in our foreign intercourse, by the 
prompt and faithful execution of treaties, and by -justice and 
impartiality in our conduct to all. But no nation, however 
desirous of peace, can hope to escape collisions with other 
powers ; and the soundest dictates of policy require that we 
should place ourselves in a condition to assert our rights, if a 
resort to force should ever become necessary. Our local situ- 
ation, our long line of sea-coast, indented by numerous bays, 
with deep rivers opening into the interior, as well as our ex- 



318 THE AMERICAN SAFEGUARD. 

tended and still increasing commerce, point to the navy as 
our natural means of defense. It will, in the end, be found 
to be the cheapest and most effectual ; and now is the time, 
in the season of peace, and with an overflowing revenue, that 
we can year after year add to its strength, without increasing 
the burdens of the people. It is your true policy. For your 
navy will not only protect your rich and flourishing commerce 
in distant seas, but enable you to reach and annoy the enemy, 
and will give to defense its greatest efficiency by meeting 
danger at a distance from home. It is impossible by any line 
of fortifications to guard every point from attack against a 
hostile force advancing from the ocean and selecting its ob- 
ject; but they are indispensable to protect cities from bom- 
bardment ; dock-yards and navy arsenals from destruction • 
to give shelter to merchant vessels in time of war, and to sin- 
gle ships or weaker squadrons when pressed by superior force. 
Fortifications of this description cannot be too soon completed 
and armed, and placed in a condition of the most perfect 
preparation. The abundant means we now possess cannot be 
applied in any manner more useful to the country; and when 
this is done, and our naval force sufficiently strengthened, and 
our militia armed, we need not fear that any nation will wan- 
tonly insult us, or needlessly provoke hostilities. We shall 
more certainly preserve peace, when it is well understood 
that we are prepared for war. 

In presenting to you, my fellow-citizens, these parting coun- 
sels, I have brought before you the leading principles upon 
which I endeavored to administer the government in the high 
office with which you twice honored me. Knowing that the 
path of freedom is continually beset by enemies, who often 
assume the disguise of friends, I have devoted the last hours 
of my public life to warn you of the clangers. The progress 
of the United States, under our free and happy institutions, 
has surpassed the most sanguine hopes of the founders of the 
Eepublic. Our growth has been rapid beyond all former ex- 



JACKSON'S FAREWELL ADDRESS. 319 

ample, in numbers, in wealth, in knowledge, and all the use- 
ful arts which contribute to the comfort and convenience of 
man ; and from the earliest ages of history to the present day, 
there never have been thirteen millions of people associated 
together in one political body, who enjoyed so much freedom 
and happiness as the people of these United States. You 
have no longer any cause to fear danger from abroad ; your 
strength and power are well known throughout the civilized 
world, as well as the high and gallant bearing of your sons. 
It is from within, among yourselves, from cupidity, from cor- 
ruption, from disappointed ambition, and inordinate thirst for 
power, that factions will be formed and liberty endangered. 
It is against such designs, whatever disguise the actors may 
assume, that you have especially to guard yourselves. You 
have the highest of human trusts committed to your care. 
Providence has showered on this favored land blessings with- 
out number, and has chosen you as the guardians of freedom, 
to preserve it for the benefit of the human race. May He 
who holds in his hands the destinies of nations, make you 
worthy of the favors he has bestowed, and enable you, with 
pure hearts, and pure hands, and sleepless vigilance, to guard 
and defend to the end of time the great charge he has com- 
mitted to your keeping. 

My own race is nearly run ; advanced age and failing health 
warn me that before long I must pass beyond the reach of 
human events, and cease to feel the vicissitudes of human 
affairs. I thank God that my life has been spent in a land of 
liberty, and that He has given me a heart to love my country 
with the affection of a son. And filled with gratitude for 
your constant and unwavering kindness, I bid you a last and 
affectionate farewell. 



GENERAL JACKSON'S LETTER 

TO COMMODORE ELLIOTT, DECLINING A SARCOPHAGUS. 



Hermitage, March 27, 1845. 

Dear Sir: Your letter of the 18th instant, together with 
a copy of the proceedings of the National Institute, fur- 
nished me by their corresponding secretary, on the pre- 
sentation, by you, of the Sarcophagus for their acceptance, 
on condition it shall be preserved, and in honor uf my 
memory, have been received, and are now before me. 

Although laboring under great debility and affliction, from 
a severe attack from which I may not recover, I raise my pen 
and endeavor to reply. The steadiness of my [nerves may 
perhaps lead you to conclude my prostration of strength is 
not so great as here expressed. Strange as it may appear, my 
nerves are as steady as they were forty years gone by ; whilst, 
from debility and affliction, I am gasping for breath. 

I have read the whole proceedings of the presentation, by 
you, of the Sarcophagus, and the resolutions passed by the 
Board of Directors, so honorable to my fame, with sensations 
and feelings more easily to be conjectured, than by me ex- 
pressed. The whole proceedings call for my most grateful 
thanks, which are hereby tendered to you, and through you 
to the President and Directors of the National Institute. But 
with the warmest sensations that can inspire a grateful heart, 



jackson's declination or a sarcophagus. 821 

I must decline accepting the lienor intended to be bestowed. 
I cannot consent that my mortal body shall be laid in a repos- 
itory prepared for an emperor or a king. My republican 
feelings and principles forbid it ; the simplidity of our system 
of government forbids it. Every monument erected to per- 
petuate the memory of our heroes and statesmen ought to 
bear evidence of the economy and simplicity of our republi- 
can institutions, and the plainness of our republican citizens, 
who are the sovereigns of our glorious Union, and whose vir- 
tue is to perpetuate it. True virtue cannot exist where pomp* 
and parade are the governing passions ; it can only dwell 
with the people — the great laboring and producing classes 
that form the bone and sinew of our confederacy. 

For these reasons I cannot accept the honor you and the- 
President and Directors of the National Institute intended to< 
bestow. I cannot permit my remains to be the first in these 
United States to be deposited in a sarcophgagns made for an, 
emperor or king. I again repeat, please accept for yourself, 
and convey to the President and Directors of the ^National 
Institute, my most profound respects for the honor you and 
they intend to bestow. I have prepared an humble depository 
for my mortal body beside that wherein lies my beloved wife, 
where, without any pomp or parade, I have requested, when 
my God calls me to sleep with my fathers, to be laid ; for 
both of us there to remain until the last trumpet sounds to 
call the dead to judgment, when we, I hope, shall rise together 
— clothed with that heavenly body promised to all who be- 
lieve in our glorious Redeemer, who died for us that we might 
live, and by whose atonement I hope for a blessed immortality. 
I am, with great respect, 

Your friend and fellow-citizen, 

Andrew Jackson. 

To Commodore J. D. Elliott, United States JVavy. 
42 



A MANUAL 



OF 



PARLIAMENTARY PRACTICE. 



BY THOMAS JEFFERSON. 



INTRODUCTION TO JEFFERSON'S MANUAL. 

A knowledge of parliamentary rules is very essential to 
any person who mingles at all in public affairs, or who de- 
sires to possess useful acquirements. It therefore needs 
no apology to offer "Jefferson's Manual" as a w r ell-re- 
ceived and permanent standard for the goverance of all 
bodies who desire to be guided by rules of order, and es- 
pecially as a standard authority for legislative proceedings. 

Much might be said as to the necessity of a general dis- 
semination of knowledge so important; for the fact is, that 
in our own country, where any citizen may aspire to a seat 
in its legislative assemblies, such information needs to be 
more generally disseminated than in any other. 

The general principles for governing important bodies, 
such as legislatures, can also apply, so far as they can be 
used, to the conduct of every society or organization, for 
either literary, agricultural or social purposes. 

Some passages of the Manual of Jefferson is omitted 



324 THE AMERICAN SAFEGUARD. 

in this work, for the reason that they merely apply to the 
English Parliament, and are not to be used in the United 
States. The portion omitted is but small. 



THE IMPORTANCE OF ADHERING TO RULES. 

Mr. Onslow, the ablest among the Speakers of the House 
of Commons, used to say, 'It was a maxim he had often 
heard when he was a young man, from old and experienced 
members, that nothing tended more to throw power into the 
hands of administration, and those who acted with the ma- 
jority of the House of Commons, than a neglect of, or depar- 
ture from, the rules of proceeding : that these forms, as insti- 
tuted by our ancestors, operated as a check and control on the 
actions of the majority, and that they were, in many in- 
stances, a shelter and protection to the minority against the 
attempts of power.' So far the maxim is certainly true, 
and is founded in good sense, that as it is always in the power 
of the majority, by their numbers, to stop any improper 
measures proposed on the part of their opponents, the only 
weapons by which the minority can defend themselves against 
similar attempts from those in power, are the forms and rules 
of proceeding, which have been adopted, as they were found 
necessary, from time to time, and are become the law of the 
House ; by a strict adherence to which, the weaker party can 
only be protected from those irregularities and abuses which 
these forms were intended to check, and which the wanton- 
ness of power is but too often apt to suggest to large and suc- 
cessful majorities. 

And whether these forms be in all cases the most rational 
or not, is really not of so great importance. It is much more 
material that there should be a rule to go by, than what that 
rule is ; that there may be an uniformity of proceeding in 
business, not subject to the caprice of the Speaker, or cap- 



JEFFERSON S MANUAL. 325 

tiousness of the members. It is very material that order, de- 
cency, and regularity be preserved in a dignified public body. 

QUORUM. 

In general, the chair is not to be taken till a quorum for 

business is present ; unless, after due waiting, such a quorum 
be despaired of, when the chair may be taken, and the House 
adjourned. And whenever, during business, it is observed 
that a quorum is not present, any member may call for the 
House to be counted, and being found deficient, business is 
suspended. 

CALL OF THE HOUSE. 

On a call of the House, each person rises up as he is called 
and answereth ; the absentees are then only noted, but no ex- 
cuse to be made till the House be fully called over. Then 
the absentees are called a second time, and if still absent ex- 
cuses are to be heard. 

They rise that their persons may be recognized ; the voice 
in such a crowd, being an insufficient verification of their 
presence. But in so small a body as the Senate of the United 
States the trouble of rising cannot be necessary. 

Orders for calls on different days may subsist at the same 
time. 

SPEAKER. 

When but one person is proposed, and no objection made, 
it has not been usual in Parliament to put any question to the 
House ; but without a question, the members proposing him, 
conduct him to the chair. But if there be objection, or an- 
other proposed, a question is put by the Clerk, as are also 
questions of adjournment. 

COMMITTEES. 

Standing Committees, as of Privileges and Elections, &c, 
are usually appointed at the first meeting, to continue through 
the session. The person first named is generally permitted 
to act as Chairman. But this is a matter of courtesy ; every 



326 THE AMERICAN SAFEGUARD. 

Committee having a right to elect their own Chairman, who 
presides over them, puts questions, and reports their proceed- 
ings to the House, 

At these Committees the members are to speak standing,, 
and not sitting ; though there is reason to conjecture it was 
formerly otherwise. 

Their proceedings are not to "be published, as they are of 
210 force till confirmed by the House. Nor can they receive % 
petition but through the House. 

When a Committee is charged with an inquiry, if a mem- 
ber prove to be involved, they cannot proceed against Jiii% 
but must make a special report to the House, whereupon the 
member is heard in his place, or at the bar,, or a special au- 
thority is given to the Committee to inquire concerning him. 

So soon as the House sits, and a Committee is notified of it y 
the Chairman is in duty hound to rise instantly, and the 
members to attend the service of the House. 

COMMITTEE OF THE WHOLE. 

The speeches, messages, and other matters of great con- 
cernment, are usually referred to a Committee of the whole 
House. "Where genera) principles are digested in the form of 
resolutions, which are debated and amended! till they get into 
a shape which meets the approbation of a majority. These 
being reported and confirmed by the House, are then referred 
to one or more Select Committees, according as the subject 
divides itself into one or more bills. Propositions for any 
charge on the people are especially to be first made in a Com- 
mittee of the Whole. The sense of the whole is better taken 
in Committee, because in all Committees every one speaks as 
often as he pleases. They generally acquiesce in the Chair- 
man named by the Speaker ; but, as well as all other Com- 
mittees, have a right to elect one, some member, by consent,, 
putting the question. The form of going from the House 
into Committee, is for the Speaker, on motion, to put the 
question, that the House do now resolve itself into a Com- 



Jefferson's manual. 327 

mittee of the Whole to take under consideration such a mat- 
ter, naming it. If determined in the affirmative, he leaves 
the chair, and takes a seat elsewhere, as any other member ; 
and the person appointed Chairman seats himself at the 
Clerk's table. Their quorum is the same as that of the 
House ; and if a defect happens, the Chairman, on a motion 
and question, rises, the Speaker resumes the chair, and the 
Chairman can make no other report than to inform the House 
of the cause of their dissolution. If a message is announced 
during a Committee, the Speaker takes the chair, and receives 
it, because the Committee cannot. 

In a Committee of the Whole, the tellers on a division, dif- 
fering as to the numbers, great heats and confusion arose, and 
danger of a decision by the sword. The Speaker took the 
chair, the mace was forcible laid on the table, whereupon, the 
members retiring to their places, the Speaker told the House 
6 he had taken the chair without an order, to bring the House 
to order.' Some excepted against it ; but it was generally 
approved as the only expedient to suppress the disorder. And 
every member was required, standing up in his place, to en- 
gage that he would proceed no further in consequence of 
what had happened in the Grand Committee, which was 
done. 

A Committee of the Whole being broken up in disorder, 
and the chair resumed by the Speaker without an order, the 
House was adjourned. The next day the Committee was con- 
sidered as thereby dissolved, and the subject again before the 
House ; and it was decided in the House without returning 
into Committee. 

~No previous question can be put in a Committee; nor can 
this Committee adjourn as others may ; but if their business 
is unfinished, they rise, on a question, the House is resumed, 
and the Chairman reports that the Committee of the Whole 
have, according to order, had under their consideration such 
a matter, and have made progress therein; but not having 



328 THE AMERICAN SAFEGUARD. 

had time to go through the same, have directed him to ask 
leave to sit again. Whereupon a question is put on their 
having leave, and on the time when the House will again re- 
solve itself into a Committee. But if they have gone through 
the matter referred to them, a member moves that the Com- 
mittee may rise, and the Chairman report their proceeding 
to the House ; which being resolved, the Chairman rises, the 
Speaker resumes the chair, the Chairman informs him that 
the Committee have gone through the business referred to 
them, and that he is ready to make report when the House 
shall think proper to receive it. If the House have time to 
receive it, there is usually a cry of ' Now, now,' whereupon 
he makes the report ; but if it be late, the cry is ; To-morrow, 
to-morrow,' or ' on Monday,' &c, or a motion is made to that 
effect, and a question put that it be received to-morrow, &c 
In other things the rules of proceeding are to be the same 
as in the House. 

EXAMINATION OF WITNESSES. 

Common fame is a good ground for the House to proceed 
by inquiry, and even to accusation. 

Witnesses are not to be produced but where the House has 
previously instituted an inquiry, nor then are orders for their 
attendance given blank. 

When any person is examined before a Committee, or at 
the bar of the House, any member wishing to ask the person 
a question, must address it to the Speaker or Chairman, who 
repeats the question to the person, or says to him, ' you hear 
the question, answer it.' But if the propriety of the question 
be objected to, the Speaker directs the witness, counsel, and 
parties to withdraw ; for no question can be moved or put, or 
debated while they are there. Sometimes the questions are 
previously settled in writing before the witness enters. The 
questions asked must be entered in the Journals. But the 
testimony given in answer before the House is never written 



jefferson's manual. 329 

down ; but before a Committee it must be, for the information 
of the House who are not present to hear it. 

If either House have occasion for the presence of a person 
in custody of the other, they ask the other their leave that he 
may be brought up to them in custody. 

A member, in his place, gives information to the House of 
what he knows of any matter under hearing at the bar. 

Either House may request, but not command the attend- 
ance of a member of the other. They are to make the re- 
quest by message to the other House, and to express clearly 
the purpose of attendance, that no improper subject of exam- 
ination may be tendered to him. The House then gives 
leave to the member to attend, if he choose it ; waiting first 
to know from the member himself whether he chooses to 
attend, till which they do not take the message into consid- 
eration. But when the Peers are sitting as a court of crim- 
inal judicature, they may order attendance ; unless where it 
be a case of impeachment by the Commons. There it is to 
be a request. 

Counsel are to be heard only on private, not on public bills, 
and on such points of law only as the House shall direct. 

ARRANGEMENT OF BUSINESS. 

The Speaker is not precisely bound to any rules as to what 
bills or other matter shall be first taken up, but is left to his 
own discretion, unless the House on a question decide to take 
up a particular subject. 

A settled order of business is, however, necessary for the 
government of the presiding person, and to restrain individ- 
ual members from calling up favorite measures, or matters 
under their special patronage, out of their just turn. It is 
usual also for directing the discretion of the House, when 
they are moved to take up a particular matter, to the preju- 
dice of others having priority of right to their attention in the 
general order of business. 



330 THE AMERICAN SAFEGUARD. 

ORDER RESPECTING PAPERS. 

The Clerk is to let no journals, records, accounts, or papers 
be taken from the table, or out. of his custody. 

Mr. Prynne having, at a Committee of the Whole, 
amended a mistake in a bill without order or knowledge 
of the Committee, was reprimanded. 

A bill being missing, the House resolved that a protesta- 
tion should be made and subscribed by the members ' before 
Almighty God and this honorable House, that neither myself 
nor any other to my knowledge, have taken away, or do at 
this present conceal a bill entitled,' &c. 

After a bill is engrossed, it is put into the Speaker's hands, 
and he is not to let any one have it to look into. 

ORDER IN DEBATE. 

When the Speaker is seated in his chair, every member is 
to sit in his place. 

When any member means to speak, he is to stand up in 
his place, uncovered, and to address himself, not to the House, 
or any particular member, but to the Speaker, who calls him 
by his name, that the House may take notice who it is that 
speaks. But members who are indisposed may be indulged 
to speak sitting. 

When a member stands up to speak, no question is to be . 
put, but he is to be heard, unless the House overrule him. 

If two or more rise to speak nearly together the Speaker 
determines who was first up, and calls him by name, where- 
upon he proceeds, unless he voluntarily sits down and gives 
way to the other. But sometimes the House does not acqui- 
esce in the Speaker's decision, in which case the question is 
put, ' which menber was first up ?' 

!No man may speak more than once to the same bill on 
the same day ; or even on another day if the debate be 
adjourned. But if it be read more than once in the same 
day, he may speak once at every reading. Even a change of 
opinion does not give a right to be heard a second time. 



JEFFERSON'S MANUAL. 331 

But lie may be permitted to speak again to clear a matter 
of fact ; or merely to explain himself, in some material part 
of his speech, or to the manner or words of the question' 
keeping himself to that only, and not traveling into the mer- 
its of it, or to the orders of the House if they be transgressed, 
keeping within that line, and not falling into the matter 
itself. 

But if the Speaker rises to speak, the member standing up 
ought to sit down, that he may be first heard. Nevertheless, 
though the Speaker may of right speak to matters of order, 
and be first heard, he is restrained from speaking on any other 
subject, except where the House have occasion for facts within 
his knowledge ; then he may, with their leave, state the mat- 
ter of fact. 

No one is to speak impertinently, or beside the question, 
superfluously or tediously. 

No person is to use indecent language against the proceed- 
ings of the House, no prior determination of which is to be 
reflected on by any member, unless he means to conclude 
with a motion to rescind it. But while a proposition is under 
consideration, is still in fieri* though it has even been re- 
ported by a Committee, reflections on it are no reflections on 
the House. 

No person in speaking, is to mention a member then pres- 
ent by his name; but to describe him by his seat in the 
House, or who spoke last, or on the other side of the question, 
&c. Nor to digress from the matter to fall upon the person, 
by speaking, reviling, nipping, or unmannerly words against 
a particular member. The consequences of a measure may 
be reprobated in strong terms ; but to arraign the motives of 
those who propose or advocate it, is a personality, and against 
order. 

No one is to disturb another in his speech by hissing, cough- 
ing, spitting, speaking or whispering to another, nor to stand 

* Those who depart from the subject to personality. 



332 THE AMERICAN SAFEGUARD. 

up or interrupt him, nor to pass between the Speaker and the 
speaking member, nor to go across the House, or to walk 
up and down it, or to take books or papers from the table, or 
write there. 

Nevertheless, if a member finds that it is not the inclina- 
tion of the House to hear him, and that by conversation, or 
any other noise, they endeavor to drown his voice, it is his 
most prudent way to submit to the pleasure of the House, 
and sit down ; for it scarcely ever happens that they are 
guilty of this piece of ill-manners without sufficient reason, 
or inattentive to a member who says anything worth their 
hearing. 

If repeated calls do not produce order, the Speaker may 
call by his name any member obstinately persisting in irreg- 
ularity, whereupon the House may require the member to 
withdraw. He is then to be heard in exculpation, and to 
withdraw. Then the Speaker states the offence committed, 
and the House consider the degree of punishment they will 
inflict. 

Vvmenever warm words, or an assault, have passed between 
members, the House, for the protection of their members, 
requires them to declare in their places not to prosecute any 
quarrel, or orders them to attend the Speaker, who is to accom- 
modate their differences, and report to the House, and they 
are put under restraint if they refuse, or until they do. 

Disorderly words are not to be noticed till the member has 
finished his speech. • Then the person objecting to them, and 
desiring them to be taken clown by the Clerk at the table, 
must repeat them. The Speaker then may direct the Clerk 
to take them down in his minutes. But if he thinks them 
not disorderly, he delays the direction. If the call becomes 
pretty general, he orders the Clerk to take them down, as 
stated by the objecting member. They are then part of his 
minutes, and when read to the offending member, he may 



Jefferson's manual. 333 

deny they were his words, and the House must then decide 
by a question whether they are his words or not. Then the 
member may justify them, or explain the sense in which he 
used them, or apologize. If the House is satisfied, no further 
proceeding is necessary. But if two members still insist to 
take the sense of the House, the member must withdraw be- 
fore that question is stated, and then the sense of the House 
is to be taken. "When any member has spoken, or other 
business intervened, after offensive words spoken, they cannot 
be taken notice of for censure. And this is for the common 
security of all, and to prevent mistakes which must happen 
if words are not taken down immediately. Formerly they 
might be taken down any time the same day. 

Disorderly words spoken in a Committee must be written 
down as in the House ; but the Committee can only report 
them to the House for animadversion. 

In Parliament, to speak irreverently or seditiously against 
the king is against order. 

It is a breach of order in debate to notice what has been 
said on the same subject in the other House, or the particular 
votes or majorities on it there : because the opinion of each 
house should be left to its own independency, not to be in- 
fluenced by the proceedings of the other ; and the quoting 
them might beget reflections leading to a misunderstanding 
between the two houses. 

Neither House can exercise any authority over a member 
or officer of the other, but should complain to the House of 
whieh he is, and leave the punishment to them. Where the 
complaint is of words disrespectfully spoken by a member of 
another House, it is difficult to obtain punishment, because 
of the rules supposed necessary to be observed (as to the im- 
mediate noting down of words) for the security of members. 
Therefore, it is the duty of the House and more particularly 
of the Speaker to interfere immediately, and not to permit 



334 THE AMERICAN SAFEGUARD. 

expressions to go unnoticed which may give a ground of com- 
plaint to the other House, and introduce proceedings and 
mutual accusations between the two houses, which can hardly 
be terminated without difficulty and disorder. 

'No member may be present when a bill or any business 
concerning himself is debating ; nor is any member to speak 
to the merits of it till he withdraws. The rule is that if a 
charge against a member arise out of a report of a Commit- 
tee, or examination of witnesses in the House, as a member 
knows from that to what points he is to direct his exculpation, 
he may be heard to those points, before any question is moved 
or stated against him. He is then to be heard, and withdraw 
before any question is moved. But if the question itself is 
the charge, as for breach of order, or matter arising in the 
debate, there the charge must be stated, that is, the question 
must be moved, himself heard, and then to withdraw. 

Where the private interests of a member are concerned in 
a bill or question, he is to withdraw. And where such an 
interest has appeared, his voice has been disallowed, even 
after a division. In a case so contrary, not only to the laws 
of decency, but to the fundamental principle of the social 
compact, which denies to any man to be a judge in his 
own cause, it is for the honor of the House that this rule, of 
immemorial observance, should be strictly adhered to. 

ISTo member is to come into the House with his head cov- 
ered, nor remove from one place to another with his hat on, 
nor put on his hat in coming in, or removing until he be set 
down in his place. 

A question of order may be adjourned to give time to look 
into precedents. 

In Parliament, all decisions of the Speaker may be con- 
trolled by the House. 

ORDERS OF THE HOUSE. 

Of right, the door of the House ought not to be shut, but 
kept by porters, or sergeant-at-arms, assigned for that purpose. 



JEFFERSON'S MANUAL. 335 

The only case, where a member has a right to insist on any 
thing, is where he calls for the execution of a subsisting order 
of the House. Here, there having been already a resolution, 
any member has a right to insist that the Speaker, or any 
other whose duty it is, shall carry it into execution ; and no 
debate or delay can be had on it. Thus any member has a 
right to have the House or gallery cleared of strangers, an 
order existing for that purpose ; or to have the House told 
when there is not a quorum present. How iar an order of 
the House is binding, see Hakew. 392. 

But where an order is made that any particular matter be 
taken up on a particular day, there a question is to be put 
when it is called for, whether the House will now proceed to 
that matter ? Where orders of the clay are on important or 
interesting matter, they ought not to be proceeded on till an 
hour at which the House is usually full. 

Orders of the day may be discharged at any time, and a 
new one made for a different day. 

"When a session is drawing to a close, and the important 
bills are all brought in, the House, in order to prevent inter- 
ruption by further unimportant bills, sometimes come to a 
resolution that no new bill be brought in, except it be sent 
from the other House. 

All orders of the House determine with the session ; and 
one taken under such an order may, after the session is ended, 
be discharged on a habeas corpus. 

PETITIONS. 

A petition prays for something. A remonstrance has no 
prayer. Petitions must be subscribed by the petitioners, unless 
they are attending or unable to sign, and averred by a mem- 
ber. But a petition not subscribed, but which the members 
presenting it affirmed to be all in the handwriting of the pe- 
titioner, and his name written in the beginning, was on the 
question (March 14, 1800) received by the Senate. The aver- 
ment of a member, or of somebody without doors, that they 



336 TEE AMERICAN SAFEGUARD. 

l^now the handwriting of the petitioners, is necessary, if it be 
questioned. It must be presented by a member, not by the 
petitioners, and must be opened by him, holding it in his 
hand. 

Regularly a motion for receiving it must be made and sec- 
onded, and a question put whether it shall be received. But 
a cry from the house of "received," or even its silence, dis- 
penses with the formality of this question. It is then to be 
read at the table and disposed of. 

MOTIONS. 

When a motion has been made, it is not to be put to the 
question or debated until it is seconded. 

It is then, and not till then, in the possession of the House, 
and cannot be withdrawn but by leave of the House. It is 
to be put into writing, if the House or Speaker require it, and 
must be read to the House by the Speaker as often as airy 
member desires it for his information. 

It might be asked whether a motion for adjournment, or 
for the orders of the day, can be made by one member while 
another is speaking. It cannot. When two members offer 
to speak, he who rose first is to be heard, and it is a breach of 
order in another to interrupt him, unless by calling him to 
order, if he departs from it. And the question of order be- 
ing decided, he is still to be heard through. A call for ad- 
journment, or for the order of the day, or for the question, by 
gentlemen from their seats, is not a motion. !No motion can 
be made without rising and addressing the Chair. Such calls 
are themselves breaches of order, which, though the member 
who has risen may respect as an expression of the impatience 
of the House against further debate, yet, if he chooses, he has 
a right to go on. 

RESOLUTIONS. 

When the House commands, it is by an " order."' But 



jefferson's manual. 337 

facts, principles, their own opinions and purposes are ex- 
pressed in the form of resolutions. 



When a member desires to bring in a bill on any subject, 
he states to the House, in general terms, the causes for doing 
it, and concludes by moving for leave to bring in a bill enti- 
tled, &c. Leave being given, on the question, a Committee 
is appointed to prepare and bring in the bill. The mover and 
seconder are always appointed on this Committee, and one or 
more in addition. 

It is to be presented fairly written, without any erasure or 
interlineation, or the Speaker may refuse it. 

BILLS, FIRST READING. 

When a bill is first presented, the Clerk reads it at the 
table and hands it to the Speaker, who, rising, states to the 
House the title of the bill, that this is the first time of read- 
ing it, and the question will be, whether it shall be read a 
second time. Then sitting down to give an opening for ob- 
jections, if none be made, he rises again and puts the ques- 
tion, whether it shall be read a second time. 

A bill cannot be amended at the first reading, nor is it usual 
for it to be opposed then, but it may be done and rejected. 

BILLS, SECOND READLKG. 

The second reading must regularly be on another day. It 
is done by the Clerk at the table, who then hands it to the 
Speaker. The Speaker, rising, states to the House the title 
of the bill, that this is the second time of reading it, and that 
the question will be, whether it shall be committed, or en- 
grossed and read a third time. But if the bill came from 
the other House, as it always comes engrossed, he states that 
the question will be, whether it shall be read a third time % 
and before he has so reported the state of the bill, no one is 

to speak to it. 
44 



338 THE AMERICAN SAFEGUARD. 

BILLS, COMMITMENT. 

If on motion and question it be decided that the bill 
shall be committed, it may then be moved to be referred 
to a Committee of the whole house, or to a special Com- 
mittee. If the latter, the Speaker proceeds to name the 
Committee. Any member also may name a single person, 
and the Clerk is to write him down as of the Committee. 
But the House have the controlling power over the names 
and number, if a question be moved against any one, and 
may, in any case, put in and put out whom they please. 

Those who take exceptions to some particulars in the bill 
are to be of the Committee ; but none who speak directly 
against the body of the bill, for he that would totally destroy 
would not amend it ; or, as is said, the child is not to be put 
to a nurse that cares not for it. It is therefore a constant 
rule, "that no man is to be employed in any matter who 
has declared himself against it;" and when any member 
who is against the bill hears himself named of its Com- 
mittee, he ought to ask to be excused. Thus, March 7, 
1606, Mr. Hadley was, on the question being put, excused 
from being of a Committee, declaring himself to be against 
the matter itself. 

The Clerk may deliver the bill to any member of the 
Committee. But it is usual to deliver it to him who is 
first named. 

In some cases, the House has ordered a Committee to 
withdraw immediately into the Committee chamber, and 
act on and bring back the bill, the House continuing to sit. 

A Committee meets when and where they please, if the 
House has not ordered time and place for them ; but they 
can only act when together, and not by separate consulta- 
tion and consent, nothing being the report of the Com- 
mittee but what has been agreed to in Committee actually 



JEFFERSON'S MANUAL. 389 

assembled. A majority of the Committee constitutes a 
quorum for business. 

Any member of the House may be present at any seleet 
Committee, but cannot vote, and must give place to all of 
the Committee and sit below them. 

The Committee have full power over the bill, or other 
paper committed to them, except that they cannot change 
the title or subject. 

The paper before a Committee, whether select or of the 
whole, may be a bill, resolutions, draught of an address, 
ac, and it may either originate with them or be referred 
to them. In every case, the whole paper is read first by 
the Clerk, and then by the Chairman by paragraphs, paus- 
ing at the end of each paragraph, and putting questions 
for amending, if proposed. In the case of resolutions on 
distinct subjects, originating with themselves, a question is 
put on each separately, as amended or unamended, and no 
final question on the whole. But if they relate to the same 
subject, a question is put on the whole. If it be a bill, 
draft of an address, or other paper originating with them, 
they proceed by paragraphs, putting questions for amend- 
ing^ either by insertion or striking out, if proposed ; but 
no question on agreeing to the paragraphs separately. 
This is reserved to the close, when a question is put on the 
whole, for agreeing to it as amended or unamended. But 
if it be a paper referred to them, they proceed to put ques- 
tions of amendment, if proposed, but no final question on 
the whole; because all parts of the paper having been 
adopted by the House, stand, of course, unless altered or 
struck out by a vote. Even if they are opposed to the 
whole paper, and think it cannot be made good by amend- 
ments, they cannot reject it, but must report it back to the 
House without amendments, and there make their opposi- 
tion. 

The natural order, in considering and amending any 



340 THE AMERICAN SAFEGUARD. 

paper, is to begin at the beginning and proceed through it 
by paragraphs; and this order is so strictly adhered to in 
Parliament, that when a latter part has been amended, you 
cannot recur back and make any alteration in a former 
part. In numerous assemblies this restraint is doubtless 
important. To this natural order of beginning at the be- 
ginning, there is a single exception found in parliamentary 
usage. When a bill is taken up in Committee, or on its 
second reading, they postpone the preamble till the other 
parts of the bill are gone through. The reason is, that on 
consideration of the body of the bill, such alterations may 
therein be made as may also occasion the alteration of the 
preamble. 

When the Committee is through the whole a member 
moves that the Committee may rise, and the Chairman report 
the paper to the House, with or without amendments, as the 
case may be. 

When a vote is once passed in a Committee, it cannot be 
altered but by the House, their votes being binding on them- 
selves. 

The Committee may not erase, interline, or blot the bill 
itself, but must, in a paper by itself, set down the amend- 
ments, stating the words which are to be inserted or omitted, 
and where, by references to the page, line and word of the 
bill. 

REPORT OF COMMITTEE. 

The Chairman of the Committee, standing in his place, in- 
forms the House that the Committee to whom was referred 
such a bill, have, according to order, had the same under con- 
sideration, and have directed him to report the same without 
any amendment, or with sundry amendments, (as the case 
may be) which he is ready to do when the House pleases to 
receive it. And he, or any other, may move that it be now 
received. But the cry of ' Now, now,' from the House, gen- 
erally dispenses with the formality of a motion and question. 



JEFFERSON'S MANUAL. 341 

He then reads tlie amendments with the coherence in the bill. 



and opens the alterations and the reasons of the Committee 
for such amendments until he has gone through the whole. 
He then delivers it at the Clerk's table, where the amend- 
ments reported are read by the Clerk, without the coherence, 
whereupon the papers lie on the table till the House, at its 
convenience, shall take up the report. 

The report being made, the Committee is dissolved, and 
can act no more without a new power. But it may be re- 
vived by a vote, and the same matter recommitted to them, 

BILL, RECOMMITMENT. 

After a bill has been committed and reported, it ought not, 
in an ordinary course, to be recommitted. But in cases of 
importance, and for special reasons, it is sometimes recommit- 
ted, and usually to the same Committee. If a report be re- 
committed before agreed to in the House, what has passed 
in Committee is of no validity ; the whole question is again 
before the Committee, and a new resolution must be again 
moved, as if nothing had passed. 

A particular clause of a bill may be committed without the 
whole bill, or so much of a paper to one, and so much to an- 
other Committee. 

BILL, REPORT TAKEN UP. 

When the report of a paper, originating with a Committee, 
is taken up by the House, they proceed exactly as in Commit- 
tee. Here, as in Committee, when the paragraphs have, on 
distinct questions, been agreed to seriatim no question need 
be put on the whole report. 

On taking up a bill reported with amendments, the amend- 
ments only are read by the Clerk. The Speaker then reads 
the first, and puts it to the question, and so on till the whole 
are adopted or rejected, before any other amendment be ad- 
mitted, except it be an amendment to an amendment. When 
through the amendments of the Committee, the Speaker 



342 THE AMERICAN SAFEGUARD. 

pauses, and gives time for amendments to be proposed in the 
House to the body of the bill : as he does also if it has been 
reported without amendments ; putting no questions but on 
amendments proposed : and when through the whole, he puts 
the question whether the bill shall be read a third time. 

QT7ASI*-COMMITTEE. 

The particular form of Parliamentary proceeding in Com- 
mittee of the whole House is the following: 1. In a Commit- 
tee every member may speak as often as he pleases. 2. The 
votes of a Committee may be rejected or altered when re- 
ported to the House. 3. A Committee, even of the whole,, 
cannot refer any matter to another Committee.. 4r. In a Com- 
mittee no previous question can be taken. The only means 
to avoid an improper discussion is to move that the Commit- 
tee rise : and if it be apprehended that the same discussion 
will be attempted on returning into Committee, the House 
can discharge them, and proceed itself on the business, keep- 
ing down the improper discussion by the previous question. 
5. A Committee cannot punish a breach of order , in the 
House, or in the gallery. It can only rise and report it to the 
House, who may proceed to punish. 



In Parliament, after the bill has been read a second time. 
if, on the motion and question, it be not committed, or if no 
proposition for commitment be made, the Speaker reads it by 
paragraphs, pausing between each, but putting no question 
but on amendments proposed; and when' through the whole, 
he puts the question whether it shall be read a third time, if 
it came from the other House. Or, if originating with them- 
selves, whether it shall be engrossed and read a third time. 
The Speaker reads sitting, but rises to put questions. The 
Clerk stands while he reads. 

Just as if. This means where the whole assembly aet just as in Committee, 
or a Committee of the whole House. 



jefferson's manual. 343 

The bill being now as perfect as its friends can make it, 
this is the proper stage for those fundamentally opposed to 
make their first attack. All attempts at earlier periods are 
with disjointed efforts ; because many who do not expect to be 
in favor of the bill ultimately, are willing to let it go on to 
its perfect state, to take time to examine it themselves, and to 
hear what can be said for it ; knowing that, after all, they 
will have sufficient opportunities of giving it their veto. Its 
two last stages therefore are reserved for this, that is to say, 
on the question whether it it shall be read a third time. And 
lastly, whether it shall pass. The first of these is usually the 
most interesting contest ; because then the whole subject is 
new and engaging, and the minds of the members having not 
yet been declared by any trying vote, the issue is the more 
doubtful. In this stage, therefore, is the main trial of 
strength between its friends and opponents : and it behooves 
every one to make up his mind decisively for this question, 
or he loses the main battle ; and accident and management 
may, and often do, prevent a successful rallying on the next 
and last question, whether it shall pass. 

When the bill is engrossed, the title is to be endorsed on the 
back, and not within the bill. 

Where papers are laid before the House, or referred to a 
Committee, every member has a right to have them once read 
at the table, before he can be compelled to vote on them. 
But it is a great, though common error, to suppose that he 
has a right, toties quoties* to have acts, journals, accounts or 
papers on the table read independently of the will of the 
House. The delay and interruption which this might be 
made to produce, evince the impossibility of the existence of 
•such a right. There is indeed so manifest a propriety of per- 
mitting every member to have as much information as pos- 
sible on every question on which he is to vote, that when he 
desires the reading, if it be seen that it is really for informa- 

* Whenever this may occur. 



344 THE AMERICAN SAFEGUARD. 

mation, and not for delay, the Speaker directs it to be read 
without putting a question, if no one objects. But if objected 
to, a question must be put. 

It is equally an error to suppose that any member lias a 
right, without a question put, to lay a book or paper on the 
table, and have it read, on suggesting that it contains matter 
infringing on the privileges of the House. 

For the same reason a member has not a right to read a 
paper in his place, if it be objected to, without leave of the 
House. But this rigor is never exercised, but where there is 
an intentional or gross abuse of the time and patience of the 
House. 

A member has not a right even to read his- own speech, 
committed to writing, without leave. This also is to prevent 
an abuse of time ;, and therefore is not refused, but where that 
is intended. 

Formerly, when papers were referred to a Committee, they 
used to be first read : but of late, only the titles ; unless a 
member insists they shall be read, and then nobody can op- 
pose it. 

PRIVILEGED- QUESTIONS-. 

It is no possession of a bill, unless it be delivered to the 
Clerk to be read, or the Speaker reads the title. 

It is a general rule that the question first moved and sec- 
onded shall be first put. But this rule gives way to what 
may be called privileged questions ; and the privileged ques- 
tions are of different grades among themselves. 

A motion to adjourn simply takes place of all others ;, for 
otherwise the House might be kept sitting against its will, and 
indefinitely. Yet this motion cannot be received after an- 
other question is actually put, and while the House is engaged 
in voting, 

Orders of the day take place of all other questions, except 
for adjournment. That is to say, the question which is the 



JEFFERSON'S MANUAL. 345 

subject of an order is made a privileged one, pro hac vice* 
The order is a repeal of the general rule as to this special 
case. When any member moves, therefore, for the orders of 
the day to be read, no further debate is permitted on the ques- 
tion which was before the House ; for if the debate might 
proceed, it might continue through the day, and defeat the 
order. This motion, to entitle it to precedence, must be for 
the orders generally, and not for any particular one ; and if 
it be carried on the question, ' whether the House will now 
proceed to the orders of the day,' they must be read and pro- 
ceeded on in the course in which they stand. For priority of 
order gives priority of right, which cannot be taken away but 
by another special order. 

After these there are other privileged questions which will 
require considerable explanation. 

It is proper that every Parliamentary assembly should have 
certain forms of question so adopted, as to enable them fitly 
to dispose of every proposition which can be made to them. 
Such are, 1. The previous question. 2. To postpone indefi- 
nitely. 3. To adjourn a question to a definite day. 4. To 
lie on the table. 5. To commit. 6. To amend. The proper 
occasion for each of these questions should be understood. 

1. When a proposition is moved, which it is useless or in- 
expedient now to express or discuss, the previous question has 
been introduced for suppressing, for that time, the motion and 
its discussion. 

2. But as the previous question gets rid of it only for that 
day, and the same proposition may recur the next day, if they 
wish to suppress it for the whole of that session, they post- 
pone it indefinitely. This quashes the proposition for that 
session, as an indefinite adjournment is a dissolution or the 
continuance of a suit, sine die is a discontinuance of it. 

3. When a motion is made which it will be proper to act 
on, but information is wanted, or something more pressing 

• ; -For this time. 



346 THE AMERICAN SAFEGUARD. 

claims the present time, the question or debate is adjourned 
to such day within the session as will answer the views of the 
House. And those who have spoken before may not speak 
again when the adjourned debate is resumed. Sometimes, 
however, this has been abusively used by adjourning it to a 
day beyond the session, to get rid of it altogether, as would 
be done by an indefinite postponement. 

4. When the house has something else which claims 
its present attention, but would be willing to reserve in 
their power to take up a proposition whenever it shall suit 
them, they order it to lie on their table. It may then be 
called for at any time. 

5. If the proposition will want more amendment and" 
digestion, than the formalities of the House will conven- 
iently admit, they refer it to a committee. 

6. But if the proposition be well digested, and may 
need but few and simple amendments, and especially if 
these be of leading consequence, the whole House may 
then proceed to consider and amend it. 

Have these questions any privilege among themselves ? 
Or are they so equal that the common principle of the 
"first moved, first put," takes place among them ? This 
will need explanation. Their competitions may be as 
follows : 

1. Previous question and postpone.' 

" " commit. 

" " amend. 

2. Postpone and previous question. 

" " commit. 

" " amend. 

3. Commit and previous question. 

" " postpone. 

" " amend. 

4. Amend and previous question. 

" " postpone. 

" " commit. 

In the first class, where the previous question is first 



In the first, second 
and third classes, 
and the first mem- 
ber of the fourth 
class, the rule 'first 
moved first put' 
takes place. 



Jefferson's manual. 347 

moved, the effect is peculiar. For it not only prevents the 
after motion to postpone or commit from being put to 
question before it, but also from being put after it. For 
if the previous question be decided affirmatively, to wit, 
that the main question shall now be put, it would, of 
course, be against the decision to postpone or commit. 
And if it be decided negatively, to wit, that the main 
question shall now be put, this puts the House out of pos- 
session of the main question, and consequently there is 
nothing before them to postpone or commit. So that 
neither voting for or against the previous question, will 
enable the advocates for postponing or committing to get 
at their object. Whether it may be amended shall be ex- 
amined hereafter. 

Second class. If postponement be decided affirmatively, 
the proposition is removed from before the House, and 
consequently there is no ground for the previous question, 
commitment, or amendment. But, if decided negatively, 
that it shall not be postponed, the main question may then 
be suppressed by the previous question, or may be com- 
mitted, or amended. 

The third class is subject to the same observations as 
the second. 

The fourth class. Amendment of the main question 
first moved, and afterwards the previous question, the ques- 
tion of amendment shall be first put. 

Amendment and postponement competing, postpone- 
ment is first put, as the equivalent proposition to adjourn 
the main question would be in Parliament. The reason 
is, that the question for amendment is not suppressed by 
postponing or adjourning the main question, but remains 
before the House whenever the main question is resumed; 
and it might be that the occasion for other urgent business 
might go by, and be lost by length of debate on the amend- 



348 THE AMERICAN SAFEGUARD. 

ment, if the House had it not in their power to postpone 
the whole subject. 

Amendment and commitment. The question for com- 
miting, though last moved, shall be first put; because in 
truth it facilitates and befriends the motion to amend. 
Scobell is express. "On a motion to amend a bill, any one 
may, notwithstanding, move to commit it, and the ques- 
tion for commitment shall be first put." 

"We have hitherto considered the case of two or more of 
the privileged questions contending for privilege between 
themselves, when both were moved on the original or 
main question ; but now let us suppose one of them to be 
moved, not on the original primary question, but on the 
secondary one for example. 

Suppose a motion to postpone, commit or amend the 
main question, and that it be moved to suppress that mo- 
tion by putting a previous question on it. This is not al- 
lowed : because it would embarrass questions too much to 
allow them to be piled on one another several stories high ; 
and the same result may be had in a more simple way, by 
deciding against the postponement, commitment or amend- 
ment. 

Suppose a motion for the previous question, or commit- 
ment, or amendment, of the main question, and that it be 
then moved to postpone the motion for the previous ques- 
tion, or for commitment or amendment of the main ques- 
tion. 1. It would be absurd to postpone the previous 
question, commitment or amendment alone, and thus sep- 
arate the appendage from its principal. Yet it must be 
postponed separately from its original, if at all : because 
when a main question is before the House no motion shall 
be received but to commit, amend or pre-question the 
original question. Therefore the motion to postpone the 



jefferson's manual. 349 

secondary motion for the previous question or for commit- 
ing or amending, cannot be received. 2. This is a piling 
of questions one on another, which, to avoid embarrass- 
ment, is not allowed. 3. The same result may be had 
more simply by voting against the previous question, com- 
mitment or amendment. 

Suppose a commitment moved of a motion for the pre- 
vious question, or to postpone or amend. The first, second 
and third reasons before stated all hold good against this. 

Suppose an amendment moved to a motion for the pre- 
vious question. Answer. The previous question cannot 
be amended. Parliamentary usage fixes its forms to be, 
Shall the main question be now put? i. e., at this instant. 
And as the present instant is but one, it can admit of no 
modification. To change it to to-morrow, or any other mo- 
ment, is without example, and without utility. But sup- 
pose a motion to amend a motion for postponement; as to 
one day instead of another, or to a special, instead of in- 
definite time. The useful character of amendment gives 
it a privilege of attaching itself to a secondary and privil- 
edged motion. That is, we may amend a postponement 
of a main question. So may Ave amend a commitment of 
a main question, as by adding, for example, " with instruc- 
tions to inquire, &c." In' like manner, if an amendment 
be moved to an amendment, it is admitted. But it would 
not be admitted in another degree, to wit : to amend an 
amendment to an amendment of a main question. This 
would lead to too much embarrassment. The line must 
be drawn somewhere, and usage has drawn it after the 
amendment to the amendment. The same result must be 
sought by deciding against the amendment to the amend- 
ment, and then moving it again as it was wished to be 
amended. In this form it becomes only an amendment to 
an amendment. 



850 THE AMERICAN SAFEGUARD. 

In filling a blank with a sum, the motion must be first 
put on the smallest sum and longest time. And this is 
considered to be, not in the form of an amendment to the 
question, but as alternative or successive originals. In all 
eases of time or number, we must consider whether the 
larger comprehends the lesser, as in a question to what 
day a postponement shall be, the number of a Committee, 
amount of a fine, term of an imprisonment, the terminus in 
quern* or in any other case. Then the question must be- 
gin a maxlmo.f Or whether the lesser concludes the 
greater, as in questions on the limitation of the rate of in- 
terest, on what day the session shall be closed by adjourn- 
ment, on what day the next shall commence, or the termin- 
us a quo% in any other case, where the question must be- 
gin a minimo.% The object being not to begin at that ex- 
treme, which, and more, being within every man's wish, 
no one could negative it, and yet, if he should vote in the 
affirmative, every question for more would be precluded ; 
but at that extreme which would unite few, and then to 
advance or recede till you get to a number which will 
unite a bare majority. " The fair question in this case is 
not that to which and more all will agree, but whether 
there shall be addition to the question." 

Another exception to the rule of priority is when a mo- 
tion has been made to strike out, or agree to a paragraph. 
Motions to amend it are to be put to the question before a 
vote is taken on striking out, or agreeing to the whole par- 
agraph. 

But there are several questions, which being incidental 
to every one, will take place of every one, privileged or 
not, to-wit: a question of order arising out of airy other 
question, must be decided before that question. 

-Term of irredeemability of a loan. J When an act shall commence. 

•j- From the greatest. g From the least. 



JEFFERSON'S MANUAL. 351 

A matter of privilege arising out of any question, or 
from a quarrel between two members, or any other cause, 
supersedes the consideration of the original question, and 
and must be first disposed of. 

Beading papers relative to the question before the House. 
This question must be put before the principal one. 

Leave asked to withdraw a motion. The rule of Parlia- 
ment being that a motion made and seconded is in posses- 
sion of the House, and cannot be withdrawn without leave, 
the very terms of the rule imply that leave may be given, 
and consequently may be asked and put to the question. 

THE PREVIOUS QUESTION. 

When any question is before the House, any member may 
move a previous question, ' Whether that question (called the 
main question) shall now be put V If it pass in the affirma- 
tive, then the main question is to be put immediately, and no 
man may speak any thing further to it, either to add or alter. 

This kind of question is understood by Mr. Hatsell to have 
been introduced in 1601. Sir Henry Yane introduced it. 
When the question was put in this form, ' Shall the main 
question be put V A determination in the negative sup- 
pressed the main question during the session ; but since the 
the words ' now put ' are used, they exclude it for the present 
only. Formerly, indeed, only till the present debate was 
over, but now for that day and no longer. 

Before the question, ' whether the main question shall now 
be put V any person might formerly have spoken to the main 
question, because otherwise he would be precluded from 
speaking to it at all. 

The proper occasion for the previous question, is when a 
subject is brought forward of a delicate nature as to high 
personages, etc., or the discussion of which may call forth 
observations which might be of injurious consequences. Then 
the previous question is proposed : and, in the modern usage, 



352 THE AMERICAN SAFEGUARD. 

the discussion of the main question is suspended, and the de- 
bate confined to the previous question. The use of it has 
been extended abusively to other cases : but in these it is an 
embarrassing procedure : its uses would be as well answered 
by other more simple parliamentary forms, and therefore it 
should not be favored, but restricted within as narrow limits 
as possible. 

Whether a main question may be amended, after the pre- 
vious question on it has been moved and seconded ? 2 Hats. 
88, says, if the previous question has been moved and sec- 
onded, and also proposed from the chair (by which he means 
stated by the Speaker for debate), it has been doubted 
whether an amendment can be admitted to the main question ? 
He thinks it may, after the previous question moved and 
seconded, but not after it has been proposed from the chair. 
In this case he thinks the friends to the amendment must vote 
that the main question be not now put ; and then move their 
amended question, which, being made new by the amend- 
ment, is no longer the same which has been just suppressed, 
and therefore may be proposed as a new one. But this pro- 
ceeding certainly endangers the main question, by dividing 
its friends, some of whom may choose it unamended, rather 
than lose it altogether : while others of them may vote, as 
Hatsell advises, that the main question be not now put, with 
a view to move it again in an amended form. The enemies 
to the main question, by this manuver of the previous 
question, get the enemies to the amendment added to 
them on the first vote, and throw the friends of the 
main question under the embarrassment of rallying again as 
they can. To support his opinion, too, he makes the deciding 
circumstance, whether an amendment may or may not be 
made, to be that the previous question has been proposed 
from the Chair. But as the rule is, that the house is in pos- 
session of a question as soon as it is moved and seconded, it 
cannot be more than possessed of it by its being also proposed 



Jefferson's manual. 353 

from the Oliair. It may be said indeed, that the object of the 
previous question, being to get rid of a question, which it is 
not expedient should be discussed, this object may be de- 
feated by moving to amend, and, in the discussion of that 
motion, involving the subject of the main question. But so 
may the object of the previous question be defeated by mov- 
ing the amended question, as Mr. Hatsell proposes, after the 
decision against putting the original question. He acknowl- 
edges, too, that the practice has been to admit a previous 
amendment, and only cites a few late instances to the con- 
trary. On the whole, I should think it best to decide it ah 
inconveniently to put it in the power of one side of the 
House to defeat a proposition by hastily moving the previous 
question, and thus forcing the main question to be put un- 
amended ; or to put in the power of the other side to force 
on, incidentally at least, a discussion which would be bet- 
ter avoided ? Perhaps the last is the least inconvenience ; 
inasmuch as the Speaker, by confining the discussion rigor- 
ously to the amendment only, may prevent their going into 
the main question, and inasmuch also as so great a proportion 
of the cases in which the previous question is called for, are 
fair and proper subjects of public discussion, and ought not 
to be obstructed by a formality introduced for questions of a 
peculiar character. 

AMENDMENTS. 

On an amendment being moved, a member who has spoken 
to the main question may speak again to the amendment. 

If an amendment be proposed inconsistent with one already 
agreed to, it is a fit ground for its rejection by the House ; 
but not within the competence of the Speaker to suppress as 
if it were against order. For were he permitted to draw 
questions of consistence within the vortex of order, he might 
usurp a negative on important modifications, and suppress, 
instead of subserving, the legislative will. 

* Which is most inconvenient. 



354 THE AMERICAN SAFEGUARD. 

Amendments may be made so as totally to alter the nature 
of the proposition ; and it is a way of getting rid of a prop- 
osition, by making it bear a sense different from what was 
intended by the movers, so that they vote against it them- 
selves. A new bill may be engrafted by way of amendment 
on the words ' Be it enacted,' &o. 

If it be proposed to amend by leaving out certain words ? 
it may be moved as an amendment to this amendment to 
leave out a part of the words of the amendment, which is 
equivalent to leaving them in the bill. The Parliamentary 
question is always whether the words shall stand as a part of 
the bill ? 

When it is proposed to amend by inserting a paragraph, or 
part of one, the friends of the paragraph may make it as 
perfect as they can by amendments, before the question is put 
for inserting it. If it be received, it cannot be amended 
afterwards, in the same stage ; because the House has, on a 
vote, agreed to in that form. In like manner, if it is proposed 
to amend by striking out a paragraph, the friends of the par- 
agraph are first to make it as perfect as they can by amend- 
ments, before the question is put for striking it out. If on 
the question it be retained, it cannot be amended afterwards : 
because a vote against striking out is equivalent to a vote 
agreeing to it in that form. 

When it is moved to amend, by striking out certain words, 
and inserting others, the manner of stating the question is, 
first to read the whole passage to be amended as it stands at 
present, then the words proposed to be struck out, next those 
to be inserted, and lastly the whole passage as it will be when 
amended. And the question, if desired, is then to be divided, 
and put first on striking out. If carried, it is next uii insert- 
ing the words proposed. If that be lost, it may be moved to 
insert others. 

A motion is made to amend by striking out certain words, 
and inserting others in their place, which is negatived. Then 



JEFFERSON'S MANUAL. 355 

it is moved to strike out the same words, and to insert others 
of a tenor entirely different from those first proposed. It is 
negatived. Then it is moved to strike out the same words 
and insert nothing, which is agreed to. All this is admissi- 
ble ; but to strike out and insert A, is one proposition. To 
strike out and insert B, is a different proposition. And to 
strike out and insert nothing is still different. And the 
rejection of one proposition does not preclude the offering a 
different one. Kor would it change the case were the first 
motion divided by putting the question first on striking out, 
and that negatived. For as puttiug the whole motion to the 
question at once, would not have precluded, the putting the 
half of it cannot do it. 

But if it had been carried affirmatively to strike out the 
words and to insert A, it could not afterwards be permitted 
to strike out A, and insert B. The mover of B should have 
notified, while the insertion of A was under debate, that he 
would move to insert B. In which case those who preferred 
it would join in rejecting A. 

After A is inserted, however, it may be moved to strike 
out a portion of the original paragraph, comprehending A,. 
provided the coherence to be struck out be so substantial as- 
to make this effectively a different proposition. For then it 
is resolved into the common case of striking out a paragraph 
after amending it. Kor does any thing forbid a new insertion 
instead of A and its coherence. 

A bill passed by the one House with blanks. These may 
be filled up by the other by way of amendments, returned to* 
the first as such and passed. 

The number prefixed to the section of a bill, being merely a 
marginal indication, and no part of the text of the bill, the 
Clerk regulates that, the House or Committee is only to 
amend the text. 

DIVISION OF THE QUESTION. 

If a question contain more parts than one, it may be di- 



356 THE AMERICAN SAFEGUARD. 

vided into two or more questions. But not as the right of an 
individual member, but with the consent of the House. For 
who is to decide whether a question is complicated or not ? 
where it is complicated ? into how many propositions it may 
may be divided ? The fact is, that the only mode of separat- 
ing a complicated question is, by moving amendments to it ; 
and these must be decided by the House on a question, unless 
the House orders it to be divided, as on the question Dec. 2, 
1640, making void the election of the Knights for Worcester, 
on a motion, it was resolved to make two questions of it, to 
wit: one on each knight. So wherever there are several 
names in a question, they may be divided and put one by 
one. So 1729, April 17, on an objection that a question was 
complicated, it was separated by amendment. 

1798, May 30, the Alien Bill in Quasi-Committee. To a 
section and proviso in the original, had been added two new 
provisoes by way of amendment. On a motion to strike out 
the section as amended, the question was desired to be divided. 
To do this it must be put first on striking out either the 
former proviso, or some distinct member of the section. But 
when nothing remains but the last member of the section, 
and the provisoes, they cannot be divided so as to put the last 
member to question by itself; for the provisoes might thus be 
left standing alone as exceptions to a rule when the rule is 
taken away ; or the new provisoes might be left to a second 
question, after having been decided on once before at the 
same reading ; which is contrary to rule. But the question 
must be on striking out the last member of the section as 
amended. This sweeps away the exceptions with the rule, and 
relieves from inconsistence. A question to be divisible, must 
comprehend points so distinct and entire, that one of them 
being taken away, the other may stand entire. But a proviso 
or exception, without an enacting clause, does not contain an 
entire point or proposition. 



jefferson's manual. 357 

CO-EXISTING QUESTIONS. 

It may be asked whether the House can be in possession of 
two motions or propositions at the same time ? So that one 
of them being decided, the others goes to question without 
being moved anew ? The answer must be special. When a 
question is interrupted by a vote of adjournment, it is thereby 
removed from before the House, and does not stand ipso facto 
before them at their next meeting : but must come forward in 
their usual way. So when it is interrupted by the order of 
the day. Such other privileged questions also as dispose of 
the main question (e. g. the previous question, postponement 
or commitment,) remove it from before the House. But it is 
only suspended by a motion to amend, to withdraw, to read 
papers, or by a question of order or privilege, and stands 
again before the House when these are decided. ISTone but 
the class of privileged questions can be brought forward while 
there is another question before the House, the rule being, 
that when a motion has been made and seconded, no other 
can be received, except it be a privileged one. 

EQUIVALENT QUESTIONS. 

If, on a question for rejection, a bill be retained, it passes 
of course to its next reading. And a question for a second 
reading, determined negatively, is a rejection without farther 
question. 

Where questions are perfectly equivalent, so that the nega- 
tive of the one amounts to the affirmative of the other, and 
leaves no other alternative, the decision of the one concludes 
necessarily the other. Thus the negative of striking out 
amounts to the affirmative of agreeing ; and therefore to put 
a question on agreeing after that on striking out, would be to 
put the same question in effect twice over. Kot so in ques- 
tions of amendments between the two Houses. A motion 



358 THE AMERICAN SAFEGUARD. 

to recede being negatived, does not amount to a positive vote 
to insist, because there is another alternative, to wit, to ad- 
here. 

A bill originating in one House, is passed by the other with 
an amendment. A motion in the originating House to agree 
to the amendment is negatived. Does there result from this, 
a vote of disagreement, or must the the question on disagree- 
ment be expressly voted ? The questions respecting amend- 
ments from another House are : 1st, to agree ; 2d ? disagree ; 
3d, recede ; 4:th, insist ; 5th, adhere. 

1st. To agree, \ Either of these concludes the other 

2d. To disagree. } necessarily, for the positive of either is 
exactly the equivalent of the negative of the other, and no* 
other alternative remains. On either motion amendments to- 
the amendment may be proposed, e. g. if it be moved to dis- 
agree, those who are for the amendment have a right to pro- 
pose amendments, and to make it as perfect as they can, before 
the question of disagreeing is put. 

3d. To recede. You may then either insist or adhere.. 

4th. To insist. You may then either recede or adhere. 

5th. To adhere. You may then either recede or insist. 

Consequently the negative of these is not equivalent to a 
positive vote the other way. It does not raise so necessary 
an implication as may authorize the Secretary by inference to* 
enter another vote : for two alternatives still remain ? either 
of which may be adopted by the House. 

THE QUESTION. 

The question is to be put first on the affimative, and them 
on the negative side. 

After the Speaker has put the affirmative part of the 
question, any member who has not spoken before to the ques- 
tion, may rise and speak before the negative be put. Because 
it is no full question till the negative part be put. 



jefferson's manual. 359 

But in small matters, and which are of course such as re- 
ceiving petitions, reports, withdrawing motions, reading 
papers, &c, the Speaker most commonly supposes the consent 
of the House, where no objection is expressed, and does not 
give them the trouble of putting the question formally. 

BILLS, THIRD READING. 

To prevent bills being passed by surprise, the House, by a 
standing order, directs that they shall not be put on their 
passage before a fixed hour ; naming one at which the house 
is commonly full. 

A bill reported, and passed to the third reading, cannot on 
that day be read the third time and passed ; because this 
would be to pass on two readings in the same day. 

At the third reading, the Clerk reads the bill, and delivers 
it to the Speaker, who states the title ; that it is the third 
time of reading the bill ; and that the question will be, 
whether it shall pass. Formerly, the Speaker, or those who 
prepared a bill, prepared also a breviate, or summary state- 
ment of its contents, which the Speaker read when he de- 
clared the state of the bill at the several readings. Some- 
times, however, he read the bill itself, especially on its pas- 
sage. 

Latterly, instead of this, he, at the third reading, states the 
whole contents of the bill verbatim ; only, instead of reading 
the formal parts, ' Be it enacted,' &c, he states, that ' the 
preamble recites so and so ; the first section enacts that,' &c, 
A the second section enacts,' &c. 

A bill on the third reading is not to be committed for the 
matter or body thereof ; but to receive some particular clause 
or proviso, it hath been sometimes suffered, but as a thing 
very unusual. Thus a bill was committed on the third read- 
ing, having been formerly committed on the second ; but is 
declared not usual. 



360 THE AMERICAN SAFEGUARD. 

When an essential provision has been omitted, rather 
than erase the bill, and render it suspicious, they add a 
clause on a separate paper, engrossed, and called a Eider, 
which is read and put to the question three times. Every 
one is at liberty to bring in a Rider, without asking leave. 

It is laid down as a general rule, that amendments pro- 
posed at the second reading shall be twice read; and those 
proposed at the third reading, thrice read; as also all 
amendments from the other House. 

It is with great and almost invincible reluctance, that 
amendments are admitted at this reading, which occasion 
erasures or interlineations. Sometimes a proviso has been 
cut off from a bill ; sometimes erased. 

This is the proper stage for filling up blanks ; for, if 
filled up before, and now altered by erasure, it would be 
peculiarly unsafe. 

At this reading the bill is debated afresh, and, for the 
most part, is more spoken to at this time than on any of 
the former readings. 

The debate on the question, whether it should be read a 
third time, has discovered to its friends and opponents the 
arguments on which each side relies, and which of these 
appear to have influence with the House; they have had 
time to meet them with new arguments, and to put their 
old ones into new shapes. The former vote has tried the 
strength of the first opinion, and furnished grounds to es- 
timate the issue; and the question now offered for its pas- 
sage, is the last occasion which is ever to be offered for 
carrying or rejecting it. 

"When the debate is ended, the Speaker, holding the bill 
in his hand, puts the question for its passage, by saying, 
' Gentlemen, all you who are of opinion that this bill shall 
pass say 'aye;' and, after the answer of the ayes, 'all 
those of the contrary opinion say 'no.' After the bill is 
passed there can be no further alteration of it in any point 



Jefferson's manual. 361 

DIVISION OF THE HOUSE. 

The affirmative and negative of the question having 
been both put and answered, the Speaker declares whether 
the yeas or nays have it, by the sound, if he be himself 
satisfied, and it stands as the judgment of the House. 
But, if he be not himself satisfied which voice is the 
greater, or if, before any other member comes into the 
House, or before any new motion made (for it is too late 
after that), any member shall rise and declare himself dis- 
satisfied with the Speaker's decision; then the Speaker is 
to divide the House. 

When the House of Commons is divided, the one party 
goes forth, and the other remains in the House. This has 
made it important which go forth, and which remain; be- 
cause the latter gain all the indolent, the indifferent, and 
inattentive. Their general rule, therefore, is, that those 
who give their votes for the preservation of the orders of 
the House shall stay in, and those who are for introducing 
any new matter or alteration, or proceeding contrary to 
the established course, are to go out. But this rule is sub- 
ject to many exceptions and modifications. 

The one party having gone iorth, the Speaker names 
two tellers from the affirmative, and two from the negative 
side, who first count those sitting in the house, and report 
the number to the Speaker. Then they place themselves 
within the door, two on each side, and count those who 
went forth, as they come in, and report the number to the 
Speaker. 

A mistake in the report of the tellers may be rectified 
after the report made. 

In the House of Commons every member must give his 
vote, the one way or the other. As it is not permitted to 
any one to withdraw who is in the House when the ques- 
tion is put; nor is any one to be told in the division who 
was not in when the question was put. 



362 THE AMERICAN SAFEGUARD. 

This last position is always true, when the vote is by 
yeas and nays ; where the negative as well as affirmative of 
the question is stated by the President at the same time, 
and the vote of both sides begins and proceeds paripasu* 
It is true, also, when the question is put in the usual way, 
if the negative has also been put. But if it has not, the 
member entering, or any other member, may speak, and 
even propose amendments, by which the debate may be 
opened again, and the question be greatly deferred. And 
as some who have answered aye may have been changed 
by the new arguments, the affirmative must be put over 
again. 

If, then, the member entering may, by speaking a few 
words, occasion a repetition of the question, it would be 
useless to deny it, on his simple call for it. 

While the House is telling, no member may speak, or 
move out of his place; for, if any mistake be suspected, it 
must be told again. 

If any difficulty arises in point of order during the divis- 
ion, the Speaker is to decide peremptorily, subject to the 
future censure of the House, if irregular. He sometimes 
permits old experienced members to assist him with their 
advice ; which they do, sitting in their seats, covered, to 
avoid the appearance of debate; but this can only be with 
the Speaker's leave, else the division might last several 
hours. 

The voice of the majority decides. For the lex majoris 
partis^ is the law of all councils, elections, &c, where not 
otherwise expressly provided. But if the House be equally 
divided, * semper presumatur pro negante;'X that is, the 
former law is not to be changed, but by a majority. 

When, from counting the House, on a division, it appears 
that there is not a quorum, the matter continues exactly 

*With equal gradations — i. e., alphabetically or otherwise. 

•j- Will of the majority. J It is always to be in favor of the negative. 



JEFFERSON S MANUAL. 

in the state in which it was before the division, and must 
be resumed at that point on any future day. 

May 1, 1606, on a question whether a member having 
said yea, may afterwards sit and change his opinion, a pre- 
cedent was remembered by the Speaker, of Mr. Morris, 
attorney of the wards, in 39 Eliz. who, in like case, his 
his opinion. 

TITLE. 

After the bill has passed, and not before, the title may 
be amended, and is to be fixed by a question; and the bill 
is then sent to the other House. 

RECONSIDERATION. 

In Parliament, a question once carried cannot be ques- 
tioned again at the same session, but must stand as the 
judgment of the House. And a bill once rejected, another 
of the same substance cannot be brought in again the same 
session. But this does not extend to prevent putting the 
same question in different stages of a bill ; because every 
stage of a bill submits the whole and every part of it to 
the opinion of the House, as open for amendment, either 
by insertion or omission, though the same amendment has 
been accepted or rejected in a former stage. So in reports 
of Committees, e. g. report of an address, the same ques- 
tion is before the House, and open for free discussion. So 
orders of the House, or instructions to Committees, may 
be discharged. So a bill, begun in one House, sent to the 
other, and there rejected, may be renewed again in that 
other, passed and sent back. Or if, instead of being re- 
jected, they read it once and lay it aside, or amend it, and 
put it off a month, they may order in another to the same 
effect, with the same or a different title. 

Divers expedients are used to correct the effects of this 
rule, as by passing an explanatory act, if any thing has 
been omitted or ill expressed, or an act to enforce, and 



364 THE AMERICAN SAFEGUARD. 

make more effectual an act, &c, or to rectify mistakes in 
an act, &c, or a Committee on one bill may be instructed 
to receive a clause to rectify the mistakes of another, 
Thus, June 24, 1685, a clause was inserted in a bill for 
rectifying a mistake committed by a Clerk in engrossing a 
bill of supply. Or the session may be closed for one, two, 
three or more days, and a new one commenced. But then 
all matters depending must be finished, or they fall, and 
are to begin de novo.* Or a part of the subject may be 
taken up by another bill, or taken up in adifferent way. 

And in cases of the last magnitude, this rule has not 
been so strictly and verbally observed, as to stop indispens- 
able proceedings altogether. Thus, when the address on 
the preliminaries of peace in 1782, had been lost by a ma- 
jority of one, on account of the importance of the question, 
and smallness of the majority, the same question in sub- 
stance, though with some words not in the first, and which 
might change the opinion of some members, was brought 
on again and carried ; as the motives for it were thought 
to outweigh the objection of form. 

A second bill may be passed to continue an act of the 
same session ; or to enlarge the time limited for its execu- 
tion. This is not in contradiction to the first act. 

BILLS SENT TO THE OTHER HOUSE. 

A bill from the other House is sometimes ordered to lie 
on the table. 

When bills passed in one House, and sent to the other, 
are grounded on special facts requiring proof, it is usual 
either by message, or at a conference, to ask the grounds 
and evidence ; and this evidence, whether arising out of 
papers, or from the examination of witnesses, is immedi- 
ately communicated. 

AMENDMENTS BETWEEN THE HOUSES. 

When either House, e. g. the House of Commons, sends 



JEFFERSON'S MANUAL. 365 

a bill to the other, the other may pass it with amendments. 
The regular progression in this case is, that the Commons 
disagree to the amendment; the lords insist on it; the 
Commons insist on their disagreement ; the lords adhere 
to their amendment; the Commons adhere to their disa- 
greement. The term of insisting may be repeated as often 
as they choose, to keep the question open. But the first 
adherence by either renders it necessary for the other to 
recede or adhere also ; when the matter is usually suffered 
to fall. Latterly, however, there are instances of their 
having gone to a second adherence. There must he an 
absolute conclusion of the subject somewhere, or other- 
wise transactions between the Houses would become end- 
less. The term of insisting, we are told by Sir John Tre- 
vor, was then newly introduced into parliamentary usage 
by the lords. It was certainly a happy innovation, as it 
multiplies the opportunities of trying modifications which 
may bring the Houses to a concurrence. Either House, 
however, is free to pass over the term of insisting, and to 
adhere in the first instance. But it is not respectful to the 
other. In the ordinary parliamentary course, there are 
two free conferences at least before an adherence. 

Either House may recede from its amendment and agree to 
the bill ; or recede from their disagreement to the amendment, 
and agree to the same absolutely, or with an amendment. For 
here the disagreement and receding destroy one another, and 
the subject stands as before the disagreement. 

But the House cannot recede from, or insist on, its own 
amendment, with an amendment, for the same reason that it 
cannot send to the other House an amendment to its own act 
after it has passed the act. They may modify an amendment 
from the other House by ingrafting an amendment on it, be- 
cause they have never assented to it ; but they cannot amend 
their own amendment, because they have, on the question, 
passed it in that form. Nor where one House has adhered to 



366 THE AMERICAN SAFEGUARD. 

their amendment, and the other agrees with an amendment, 
can the first House depart from the form which they have 
fixed by an adherence. 

In the case of a money bill the lords' proposed amendments 
become, by delay, confessedly necessary. The Commons, 
however, refused them, as infringing on their privilege as to 
money bills ; but they offered themselves to add to the bill a 
proviso to the same effect, which had no coherence with the 
lords' amendments ; and urged that it was an expedient war- 
ranted by precedent, and not unparliamentary in a case be- 
come impracticable, and irremediable in any other way. But 
the lords refused, and the bill was lost. So the Commons 
resolved that it is unparliamentary to strike out at a confer- 
ence any thing in a bill which hath been agreed and passed 
by both Houses. 

A motion to amend an amendment from the other House 
takes precedence of a motion to agree or disagree. 

A bill originating in one House, is passed by the other with 
an amendment. The originating House agrees to their 
amendment with an amendment. The other may agree to 
their amendment with an amendment ; that being only in 
the second and not the third degree. For as to the amending 
House, the first amendment with which they passed the bill 
is a part of its text ; it is the only text they have agreed to. 
The amendment to that text by the originating House, there* 
fore, is only in the first degree, and the amendment to that 
again by the amending House is only in the second, to wit : 
an amendment to an amendment, and so admissible. Just so 
when, on a bill from the originating House, the other, at its 
second reading, makes an amendment, on the third reading 
this amendment is become the the text of the bill, and, if an 
amendment to it be moved, an amendment to that amend- 
ment may also be moved, as being only in the second degree. 

CONFERENCES. 

It is on the occasion of amendment between the Houses 



. jefferson's manual. 867 

that conferences are usually asked ; but they may be asked 
in all cases of difference of opinion between the two Houses 
on matters depending between them. The request of a con- 
ference, however, must always be by the House which is pos- 
sessed of the papers. 

Conference may be either simple or free. At a conference 
simply, written reasons are prepared by the House asking it ; 
and they are read and delivered, without debate, to the man- 
agers of the other House, at the conference, but are not then 
to be answered. 

The other House then, if satisfied, vote the reasons satisfac- 
tory, or say nothing. If not satisfied, they resolve them not 
satisfactory, and ask a conference on the subject of the last 
conference ; where they read and delivered, in like manner, 
written answers to those reasons. 

They are meant chiefly to record the justification of each 
House to the nation at large, and to posterity, and in proof 
that the miscarriage of a necessary measure is not imputable 
to them. 

At free conferences, the managers discuss viva voce and 
freely, and interchange propositions for such modifications as 
may be made in a parliamentary way, and may bring the sense 
of the two Houses together. And each party reports in writing, 
to their respective Houses, the substance of what is said on 
both sides, and it is entered in their Journals. 

" This report cannot be amended or altered, as that of a 
Committee may be." 

A conference may be asked, before the House asking it has 
come to a resolution of disagreement, insisting, or adhering. 
In which case the papers are not left with the other conferees, 
but are brought back, to be the foundation of the vote to be 
given. And this is the most reasonable and respectful pro- 
ceeding. For, as was urged by the lords on a particular 
occasion, ' It is held vain, and below the wisdom of Parlia- 



368 THE AMERICAN SAFEGUARD. 

ment, to reason or argue against fixed resolutions, and upon 
terms of impossibility to persuade.' 

So the Commons say, 'An adherence is never delivered at 
a free conference, which implies debate.' And, on another 
occasion, the lords made it an objection, that the Commons 
had asked a free conference, after they had made resolutions 
of adhering. 

It was then affirmed, however, on the part of the Commons, 
that nothing was more parliamentary, than to proceed with 
free conferences after adhering. And we do, in fact, see in- 
stances of conference, or of free conference, asked after the 
resolution of disagreeing ; of insisting, of adhering, and even 
of a second or final adherence. 

And in all cases of conference asked after a vote of disa- 
greement, &c, the Conferees of the House asking it are to 
leave the papers with the Conferees of the other ; and in one 
case where they refused to receive them, they were left on 
the table in the conference-chamber. 

After a free conference the usage is to proceed with free 
conferences, and not to return again to a conference. 

After a conference denied a free conference may be asked. 

When a conference is asked, the subject of it must be ex- 
pressed, or the conference not agreed to. They are sometimes 
asked to inquire concerning an offence or default of a mem- 
ber of the other House. Or the failure of the other House 
to present to the king a bill passed by both Houses. Or on 
information received, and relating to the safety of the nation. 
Or when the methods of Parliament are thought by the one 
House to have been departed from by the other, a conference 
is asked to come to a right understanding thereon. 

So when an unparliamentary message has been sent, instead 
of answering it they ask a conference. 

Formerly, an address, or articles of impeachment, or a bill 
with amendments, or a vote of the House, or concurrence in 
a vote, or a message from the king, were sometimes com muni- 



jeffbrson's manual. 369 

cated by way of conference. But this is not the modern 
practice. 

A conference has been asked after the first reading of a 
bill. This is a singular instance. 

MESSAGES. 

Messages between the Houses are to be sent only while both 
Houses are sitting. They are received during a debate, with- 
out adjourning the debate. 

In the House of Representatives, as in Parliament, if the 
House be in Committee when a messenger attends, the 
Speaker takes the chair to receive the message, and then 
quits it to return into Committee, without any question or 
interruption. 

Messengers are not saluted by the members, but by the 
Speaker, for the House. 

If messengers commit an error in delivering their message 
they may be admitted, or called in, to correct their message. 

Accordingly, March 13, 1800, the Senate having made two 
amendments to a bill from the House of Representatives, 
their Secretary, by mistake, delivered one only ; which being 
inadmissible by itself, that House disagreed, and notified the 
Senate of their disagreement. This produced a discovery of 
the mistake. The Secretary was sent to the other House to 
correct his mistake, the correction was removed, and the two 
amendments acted on de novo* 

As soon as the messenger, who has brought bills from the 
other House, has retired, the Speaker holds the bills in his 
hand, and acquaints the House, ' that the other House have, 
by their messenger, sent certain bills,' and then reads their 
titles, and delivers them to the Clerk to be safely kept, till 
they shall be called for to be read. 

It is not the usage for one House to inform the other, by 
what number a bill has passed. Yet they have sometimes 
recommended a bill, as of great importance, to the considera- 

* Anew. 



370 THE AMERICAN SAFEGUARD. 

tion of the House to which it is sent. ]STor, when they have 
rejected a bill from the other house, do they give notice of 
it ; but it passes, sub silentio* to prevent unbecoming alter- 
cations. 

A question is never asked by the one House of the other, 
by way of message, but only at a conference ; for this is an 
interrogatory, not a message. 

When a bill is sent by one House to the other, and is neg- 
lected, they may send a message to remind them of it. But 
if it be mere inattention, it is better to have it done inform- 
ally, by communications between the Speakers, or members 
of the two Houses. 

Where the subject of a message is of a nature that it can 
properly be communicated to both Houses of Parliament, it 
is expected that this communication should be made to both 
on the same day. But where a message was accompanied 
with an original declaration, signed by the party to which the 
message referred, its being sent to one House was not noticed 
by the other, because the declaration, being original, could 
not possibly be sent to both Houses at the same time. 

When the bill is enrolled, it is not to be written in para- 
graphs, but solidly, and all of a piece, that the blanks be- 
tween the paragraphs may not give room for forgery. 

JOURNALS. 

If a question is interrupted hf a vote to adjourn, or to pro- 
ceed to the orders of the day, the original question is never 
printed in the journal, it never having been a vote, nor intro- 
ductory to any vote ; but when suppressed by the previous 
question, the first question must be stated, in order to intro- 
duce and make intelligible the second. 

So also when a question is postponed, adjourned, or laid on 
the table, the original question, though not yet a vote, must 
be expressed in the journals; because it makes part of the 
vote of postponement, adjourning or layingon the table. 

* In silence. 



Jefferson's manual. 371 

"Where amendments are made to a question, those amend- 
ments are not printed in the journals, separated from the 
question ; bnt only the question as finally agreed to by the 
House. The rule of entering in the journals only what the 
House has agreed to, is founded in great prudence and good 
sense ; as there may be many questions proposed which it 
may be improper to publish to the world in the form in whicli 
they are made. 

The first order ior printing the votes of the House of Com- 
mons was Oct. 30, 1685. 

Some judges have been of opinion that the journals of the 
House of Commons are no records, but only remembrances. 
But this is not law. for the lords in their House have power 
of judicature, the Commons in their House have power of 
judicature, and both Houses together have power of judica- 
ture ; and the book of the Clerk of the House of Commons 
is a record, as is affirmed by act of pari. 6 H, 8, c. 16, 4 Inst. 
23, 24, and every member of the House of Commons hath 
a judicial place. As records they are open to every person, 
and a printed vote of either House is sufficient ground for the 
other to notice it. Either may appoint a Committee to in- 
spect the journals of the other, and report what has been done 
by the other in any particular case. Every member has a 
right to see the journals, and to take and publish votes from 
them. Being a record every one may see and publish them. 

On information of a mis-entry or omission of an entry in 
the journal, a Committee may be appointed to examine and 
rectify it, and report it to the House. 

ADJOURNMENT. 

The two Houses of Parliament have the sole, separate, and 
independent power of adjourning each their respective 
Houses. 

A motion to adjourn simply cannot be amended as by add- 
ing 'to a particular day.' But must be put simply ' that this 
House do now r adjourn,' and if carried in the affirmative, it 



372 THE AMERICAN SAFEGUARD. 

is adjourned to the next sitting day, nnless it has come to a 
previous resolution 6 that at its rising it will adjonrn to a par- 
ticular day,' and then the House is adjourned to that day. 

Where it is convenient that the business of the House be 
suspended for a short time, as for conference presently to be 
held, &C.,, it adjourns during pleasure ; or for a quarter of an 
hour. 

If a question be put for adjournment it is no adjournment 
till the Speaker pronounces it. And from courtesy and re- 
spect, no member leaves his place till the Speaker has passed 
on. 



CITIZENS' MANUAL. 



INTRODUCTION. 

All associations, literary, legislative or for business purposes, 
should have rules of order, formed on a common basis, and 
such as have been approved by experience. The right 
method of conducting the business of public meetings is very 
simple and easily understood. 

The object of this work in the following pages is to offer a 
guide to facilitate the forming and conducting of such organ- 
izations — political, literary, or pertaining to business — as the 
people may naturally have occasion for. 

Parliamentary rules have been perfected by long use and 
experience. Mr. Jefferson compiled those we see in the pre- 
ceding pages, and they have remained, as he intended, a gen- 
eral guide of legislative action in the United States. The 
Citizens' Manual, which follows, is a brief and comprehensive 
adaptation of the general rules governing legislative bodies to 
the government of societies and organizations. In every 
county there should be an agricultural society. In every 
neighborhood there should be a lyceum or debating society, 
and the meetings of county commissioners and supervisors 
are, or should be, governed by rules of order, which already 
exist, formed by long experience in the legislative bodies of 
England and the United States. 

Tillage lyceums have been a school for such minds as Ben- 



374 THE AMERICAN SAFEGUARD. 

jamin Franklin and Henry Clay, and from these small begin- 
nings great careers have been developed. It is important that 
they should exist, and that they should be conducted upon 
well received rules of order. It is believed that any intelli- 
gent person may, by this means, acquire a competent knowl- 
edge of the way public assemblies should be conducted ; and 
such a knowledge is often of great advantage, as by its means 
turbulent conduct is quelled and the parliamentarian often 
accomplishes hj strategy the results that are denied to elo- 
quence or mental power. 

HOW TO FORM SOCIETIES. 

If you wish to form an agricultural society, or any literary 
or social organization, first enlist in the cause a sufficient 
number of your friends who are favorable to it, and call a 
meeting for the purpose of completing the organization, giv- 
ing as public notice of the meetings and the object desired as 
may seem best. 

Let some person interested, at the proper hour, rise and ex- 
plain the object of the meeting, and the appointment of a 
chairman and secretary would be advisable. Then a perma- 
nent organization must be effected. A committee should be 
appointed to prepare and report a constitution and by-laws 
at some future meeting, which should be something like the 
following in form and effect : 

FORM OF CONSTITUTION FOR LITERARY SOCIETIES. 

We, the undersigned, hereby adopt the following constitu- 
tion and the several by-laws that may be. enacted in accord- 
ance therewith. 

Article I. This society shall be known as — (here insert 
name of society, its object and plan.) 

Article II. 1. Any person making application and receiv- 
ing of the votes of the members present may become a 

member of this society by subscribing the constitution and 
by-laws and paying an initiation fee of . 



citizen's manual. 375 

2. The society may create such honorary and correspond- 
ing members as it may hereafter decide upon. 

3. Only active members may participate in debate or pro- 
ceedings, except upon a vote of two-thirds of the members 
present, according the privilege in specific cases. 

4. The monthly dues of each member shall be cents. 

5. Any member convicted of immoral, disreputable or 
disorderly conduct may be expelled the society, after an im- 
partial trial, upon a two-thirds vote of the members present, 
provided the accusation be made at some previous meeting. 

Article III. 1. The officers of this society shall be a 
President, Vice-President, Secretary and Treasurer, and such 
other as the society may deem necessary to elect from time 
to time. 

2. The election of officers shall be held once in by a 

majority of the members present, and they shall hold until 
their successors are duly elected and qualified. 

3. One-half of the members of the society shall form a 
quorum for the transaction of business. Debate may go on 
without the presence of a quorum. 

Article IY. The regular meetings of the society shall be 
held on , and the anniversary meeting on the . ' 

Article Y. The formation or amendment of any by-law 
must be proposed at one meeting and acted on at another. 

Article YI. 1. Amendments to this constitution may 
be adopted after being proposed as required for by-laws, if 
such amendment receives a vote of more than one-half of the 
members of the society. 

2. Any rule may be suspended by the vote of two-thirds 
of the members present at any meeting. 

by-laws. 

1. Vacancies in office may be filled by election at any 
meeting when a quorum is present. But the President or 
Vice President, when presiding, may appoint persons to 
act temporarily, as an officer, when such officer is absent. 



376 THE AMERICAN SAFEGUARD. 

2. The Vice President shall preside in the absence of 
the President, and if both are absent, a chairman may be 
elected for the time being. 

3. Any member foiling to attend a regular meeting of 

the Society, shall be fined cents, which fine may be 

remitted by the President for good cause. 

4. Any member who shall be months in arrears 

shall forfeit his membership, and the Secretary shall strike 
his name from the rolls. 

5. The regular election shall be held at the anniversary 
meeting, and upon that occasion plans for debates, lectures 
and operations for the year shall be adopted, so far as 
possible. 

6. Special meetings shall be called by the President, 
or by one-third of the members of the Society. 

7. The meetings of the Society — except on business — 
shall be open to the public. 

8. The following rules of order are adopted : 

1. Order of business : — Calling the roll ; reading and 
correcting minutes of last meeting ; reports of committees; 
unfinished business ; new business; literary exercises. 

2. Any person who shall violate rules of order may 

be fined cents for each offense by the President; and 

all members must obey the orders of the presiding officer, 
unless sustained by appeal from the chair to the members 
present. 

3. Parliamentary rules as laid down by — — 

are hereby adopted for regulating the conduct of this 
Society. 

4. No member shall speak more than or longer 

than minutes, without leave of the Society. 

POLITICAL CONVENTIONS. 

We will suppose a political convention or mass meeting 
is assembled, and needs an organization, in which case 



citizen's manual. 377 

there must be some central committee or agents who have 
made a call for such a meeting, and the chairman of the 
committee, or the principal mover, will naturally arise and 
move that a temporary organization be effected, and for 
that purpose nominate some person as chairman. He 
shall put the question and declare the result. The chair- 
man so elected will come forward, and state that the next 
business will be to provide a temporary secretary, and af- 
ter his election it will be proper to proceed to effect a per- 
manent organization. 

The first movement towards permanent organization, 
will be the appointment of a committee on credentials, 
who shall receive all the credentials of members, and after 
retiring to consider them, shall make a report as to those 
they consider duly elected and entitled to membership of 
the convention. 

When the question as to membership is duly settled, 
those confirmed as legal members shall proceed to elect 
permanent officers, which may be done by nomiuations 
made and ballots taken for each officer, or as is usual, a 
committee on permanent organization may be appointed 
who shall report a list of officers, which the convention 
shall ratify or not, as it may see fit. This is the easiest 
and usual course. 

A committee on resolutions is usually appointed, who 
report a "platform " of principles for the adoption of the 
convention, and as the basis of party action. 

The president usually states the objects of the conven- 
tion and the business before it, which is usually the nomi- 
nation of candidates for official position ; and this business 
will proceed in natural order — the most important officer 
being usually acted upon first. 

A motion must always be made and seconded before the 
presiding officer can notice it. When he rises and says : 
"It is moved and seconded that the convention proceed to 



378 AMERICAN SAFEGUARD. 

ballot for a candide for sheriff of this county," or whatever 
else the motion may be. 

Whenever a motion is put, he says: "Those in favor of 
the motion will say aye ?" And waiting to hear the re- 
sponse, he adds: "Those opposed to the motion will say 
no;" and having heard the responses and judged as to the 
result, he will say: "The motion prevails," or, "The ayes 
have it," if it is in the affirmative; or, "The motion is 
lost," or, " The noes have it," if in the negative. 

An adjournment is moved .and carried as any other mo- 
tion. If it is to .any particular time or hour, the president 
announces that "The convention stands adjourned until 
to-morrow morning at nine o'clock," or whatever time, 
place or hour is named. When the business is all com- 
pleted, the convention adjourns "sine die" — which is 
"without day " — and its existence ceases. 

GENERAL RULES TO GOVERN SOCIETIES — RRESIDLNG OFFICER. 

1. The president, and in his absence the vice president, 
and in itbeir absence, a chairman .elected by the meeting, 
should preside and decide points of order. 

2. All motions in order, duly made and seconded, shall 
be put by the chair, and he shall give the action of the 
meeting in reference to them. 

•8, He shall appoint the standing and select committees 
required by the action of the society. 

4, He shall recognize the member first on the floor as 
entitled to speak, and restrain all personalities of debate. 

5. He may state questions sitting, but should rise to put 
them. 

SECRETARY. 

1. He shall keep a record of all the action of the socie- 
ty, and read. all papers and documents that are placed in 
.his hands fox that purpose by the society. 



SITIZENS r MANUAL. 879' 

2. He shall keep an account of all fines- and" penalties, 
collect same and 1 pay them over to the treasurer. 

3. He shall notify members of committees of their ap- 
pointment, and put in the hands of committees all business 
committed to their consideration. 

4. He shall preserve all the records of the society, and 
properly file all business papers coming into his hands. 

5. He shall keep an accurate list of all committees that 
are in actual operation, for convenient reference. 

6*. He shall register the names of all members, giving- 
the date when they join the society, and marking the date 
when they cease to become members. 

7. At the expiration of his term, he shall turn over 
all the books>. papers and property of the society to his 
successor in office. 

TEEASTJEEE. 

1. He shall receive, safely keep, and upon, the proper or- 
der of the society, shall pay out the money of the society. 

2. He shall take receipts for all money so paid out, or 
preserve the orders of the society as his vouchers.. 

3.. At the expiration of his term he shall turn over all 
hooks, papers and money in his hands as treasurer to his suc- 
cessor in office. 

LD3EAEIAX. 

A librarian should have charge of the books, papers, and 
magazines belonging to the society, and conform to the orders 
of the society, regulating the library and prescribing his 
duties-. 

COMMITTEES.. 

1. Standing comittees should be appointed to consider 
finances, membership, library, and such matters as are deemed 
of regular and general importance. 

2. Special committees shall be appointed to act upon mat- 
ters temporarily arising, that need immediate attention.. 



380 AMERICAN SAFEGUARD. 

3. Committees are expected to examine matters of inter- 
est to the society, and which every member cannot find time 
to investigate. They report their opinion of the same, and 
the grounds on which it is based, as a guide for the action of 
the society. 

4. The chairman of a special committee is generally the 
the mover of the matter, and is always supposed to be friendly 
to it. 

5. Committees are generally appointed by the president 
or chairman, though not necessarily. 

CONSIDERATION" OF MOTIONS. 

1. Whenever any important matter arises, it is usual to 
commit it to some committee, which is done on motion of 
some member. 

2. The secretary transmits the matter to the committee, 
who examine and report their conclusions, when the society 
makes final disposition of it. 

3. It is not necessary that motions should be committed.. 
They may be acted on immediately or may be laid on the 
table, and. may again come before the society at a future time. 
They may be indefinitely postponed, which is equal to killing 
the measure entirely. 

4. Jefferson's manual affords a guide for consideration and 
decision of motions and action of committees more perfect 
than we can here briefly give. 

ADJOURNMENT. 

1. A motion to adjourn is always in order, if some other 
motion intervenes so that two similar motions do not occur. 

2. Adjournment may be for a short time to have confer- 
ence on some point, until some hour named or sine die, which 
is permanent. 

ORDER OF BUSINESS. 

1. The regular order of business to be pursued should be 
laid down in the by-laws of the society. 



citizens' manual. 381 

2. Special order of business may be fixed by appointing 
some particular time when a certain subject shall be acted 
upon. 

REFERENCE TO JEFFERSON'S MANUAL. 

Jefferson's Manual plainly sets forth the following matters 
of parliamentary rules, which are adapted to the use of soci- 
eties : 

1. The previous question ; 

2. Motions; 

3. Amendment ; 

4. Division of a question ; 

5. Motion to reconsider ; 

6. Privileged questions. 

APPEAL. 

1. Any decision of the chair may be appealed to the decis- 
ion of the whole meeting, on a motion made and seconded. 

2. The presiding officer should put the question of appeal 
thus, "shall the decision of the chair be sustained?" 

3. A vote of a majority sustains the appeal, and overrules 
the decision of the chair. 



